LAW 1509 Chapter Notes - Chapter GUARANTEE AND INSURANCE: Colonial Mutual, Gastric Bypass Surgery, Life Insurance
30 Jun 2018
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COMMERCIAL TRANSACTIONS WEEK 6 READING
CONTRACTS OF GUARANTEE AND INSURANCE
Graham v Colonial Mutual Life Assurance Society Limited (No. 2) [2014] FCA 717
What are the relevant facts of the case?
Mr Elwaly died on 16 January 2010 in W.A at his business premisis
Ms Graham notified Comminsure of her husband’s death three days later on 16
March 2010
Mr Elwaly life insurance policy was not paid out
Ms Graham is the trustee of the EG Self-Managed Super Fund
The Comminsure entered into two insurance policies with Ms Graham and Mr
Elwaly on 13 June 2007
The policies Ms Graham and Mr Elwaly entered into provided for the payment of a
life benefit of $1 million if Mr Elwaly were to die and a life care advance benefit of
up to $20,000.
Mr Elwaly was insured under the policy in 2007 and died in 2010
What was the legal issue?
Mr Elwaly died by way of misadventure in an attempt to commit fraud by
destroying his business records and computer
Mr Elwaly had previous had recently had gastric bypass surgery and had previously
been declined cover by another insurance company
On 12 May Mr Elwaly signed a declaration of good health
What provisions of the Insurance Contracts Act were discussed?
Section 29 (1-3)
Section 25
Section 27
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Melissa Sparrow (a1668063)
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Document Summary
Graham v colonial mutual life assurance society limited (no. Mr elwaly died on 16 january 2010 in w. a at his business premisis. Ms graham notified comminsure of her husband"s death three days later on 16. Mr elwaly life insurance policy was not paid out. Ms graham is the trustee of the eg self-managed super fund. The comminsure entered into two insurance policies with ms graham and mr. The policies ms graham and mr elwaly entered into provided for the payment of a life benefit of million if mr elwaly were to die and a life care advance benefit of up to ,000. Mr elwaly was insured under the policy in 2007 and died in 2010. Mr elwaly died by way of misadventure in an attempt to commit fraud by destroying his business records and computer. Mr elwaly had previous had recently had gastric bypass surgery and had previously been declined cover by another insurance company.
