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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44891
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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This is regarding a terminal condition insurance policy.

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Hi this is regarding a terminal condition insurance policy
JA: What state are you in? It matters because laws vary by location.
Customer: QLD
JA: Has anything been filed or reported?
Customer: not as yet, but was going to do so today.
JA: Anything else you want the lawyer to know before I connect you?
Customer: oh, yes, sorry, with the insurance agency, yes. but not with the state ombudsman as yet

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Afternoon

What is the issue? Are you being refused TPD payments? Is it under a superannuation fund?

Leon and 2 other Australia Law Specialists are ready to help you
Customer: replied 2 months ago.
Under ANZ/Onepath. Refused on grounds of pre-exiting condition.
Background: ANZ home loan 3 years ago; encouraged to transfer superannuation over to ANZ; no mention by bank manager that a pre-existing condition - or part thereof, would exclude me from gaining TPD payment. Bank manager found super accounts and combined benefit to ANZ.
Yes, I did have breast cancer, but was working and not having any limiting treatment and was told by oncologists that mine was now seen as a 'chronic condition' and therefore would not give a prognosis. Metatases increased approximately 6 months ago requiring chemotherapy which failed dismally.
Claim submitted approximately April. Refused by trustees mid June BUT as yet, despite about ten phone calls, no letter of refusal with a right to contend the refusal. Trustees are aware of the situation, and every time I phone, state that 'they'll get onto that' but it NEVER happens.Would like to contact ombudsman regarding this, but that is a further 90 day wait. As I stated on the phone to the trustee :
"I'm getting deader not better."Furthermore, I asked the trustees to provide me with a copy of my signed approval of the terms and conditions of the superannuation rollover, which would state that I had full knowledge of the consequences of this decision.
Here is a the email I sent dated 20th June 2017: Dear Estella,The ANZ Smart-Choice Product Disclosure Statement provided by you does not include my signature indicating my knowledge of the terms and conditions. As asked for on the phone, would you please forward me a copy of the signed copy by myself.As stated on our previous phone call, the superannuation product was 'sold' to me in the bank managers office. There was no mention by the ANZ branch manager at Buderim, Queensland, that if I were to have a medical condition which may in part, be pre-existing, that this would exclude me from obtaining Total Death and Disability Insurance. As stated earlier in our phone discussion, I would not have proceeded with the transfer of my superannuation funds to Onepath, if I had that knowledge; to do that with full knowledge would have been ludicrous. Therefore, as trustees, I urge you to send me the copy of the document I have requested and fulfil your obligation of ethically undertaking your role as trustee.Yours sincerely,Paula Briese
ph: 0448 221 968I would be happy for your advice.

Give me a few minutes will call you.