Society Logo
ME/CFS Australia Ltd
Please click here to donate ME/CFS South Australia Inc
 
 
Facebook
 
ME/CFS SOUTH AUSTRALIA INC

Registered Charity 3104

Email:
sacfs@sacfs.asn.au

Mailing address:

PO Box 322,
Modbury North,
South Australia 5092

Phone:
1300 128 339

Office Hours:
Monday - Friday,
10am - 4pm
(phone)

ME/CFS South Australia Inc supports the needs of sufferers of Myalgic Encephalomyelitis, Chronic Fatigue Syndrome and related illnesses. We do this by providing services and information to members.

Disclaimer

ME/CFS South Australia Inc aims to keep members informed of various research projects, diets, medications, therapies, news items, etc. All communication, both verbal and written, is merely to disseminate information and not to make recommendations or directives.

Unless otherwise stated, the views expressed on this Web site are not necessarily the official views of the Society or its Committee and are not simply an endorsement of products or services.

Become a Member
DOCX Application Form (Word, 198 KB)
Why become a member?

Friends Life V Miley: Court Of Appeal Finds No Non-Disclosure

Friday 5 April 2019

 

From US law firm Bryan Cave Leighton Paisner:

 

Gavel
 

Friends Life v Miley: Court of Appeal finds no non-disclosure

By Jonathan Sacher
April 3, 2019
© 2019 Bryan Cave Leighton Paisner LLP.

Summary

In Friends Life Limited v Miley, the Court of Appeal (CA) upheld a claim by Mr Miley under a group income protection insurance policy (the “Policy”) through a scheme operated by Friends Life Limited (“FL”). The CA did not accept arguments from FL relating to non-disclosure of material facts. The judgment provides useful discussion on the construction of claimant declarations and the scope for conditioning disclosure obligations.

Background

Miley was employed at an investment bank where he became entitled to the cover under the Policy. After repeated illness and sign off from work, he made a claim that he was unable to do his job owing to the effects of chronic fatigue syndrome (“CFS”).

The claim was originally admitted by FL, however four years later FL stopped making payments, contending that Miley had faked, significantly misrepresented or overstated his symptoms.

First instance decision

The lower court found that Miley had discharged the burden of demonstrating that he suffered from CFS at a level sufficiently debilitating to entitle him to the benefits under the Policy. Miley’s subjective assessment of his condition was not materially worse than the objective truth.

 

Full article…

 


 

blog comments powered by Disqus
Previous Previous Page