MOORE V NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD

[2011] NSWSC 416, New South Wales Supreme Court, Justice Ball, 12 May 2011

Insurance (income protection) - Fraudulent misrepresentation - Whether insurers waived right to avoid - Whether insurers estopped from avoiding - Right of insurers to seek repayment of sums paid under the policy

The insurers under an income protection policy sought to avoid the policy for fraudulent misrepresentation and non-disclosure, and also to recover Aus$495,051 paid under the policy in respect of disability benefits. Ball J held as follows.