Income Insurance Online :: News
SHARE

Share this news item!

AFCA Upholds Insurer’s Decision in Breast Cancer Claim Case

AFCA Upholds Insurer’s Decision in Breast Cancer Claim Case

AFCA Upholds Insurer’s Decision in Breast Cancer Claim Case?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

A recent ruling by the Australian Financial Complaints Authority (AFCA) has affected a woman’s critical illness claims, as her diagnosis came within mere days of her policy's eligibility period drawing to an end.

The woman was diagnosed with cancer in her right breast on October 5 of last year, followed by the discovery of cancer in her left breast eight days later. She filed claims under her critical illness policy that she had obtained on July 17.

However, TAL Life, her insurance provider, rejected the claims based on the policy's three-month qualifying period for cancer coverage.

In its ruling, AFCA noted that the policy had provisions to potentially waive the qualifying period if the policyholder could prove they were insured either under a previous TAL policy or by another insurer for the same events, right before their new coverage commenced.

The claimant contended that she had cancer coverage through an insurance policy provided by her husband's employer. She presented a letter from the employer affirming that she was covered under a "life, accident, critical illness, and medical insurance" scheme from August 2020 until June last year. Additionally, she showed documentation indicating her husband’s policy did include critical illness coverage for spouses, encompassing cancer.

While AFCA accepted the availability of this cancer coverage, it was not convinced that she held such coverage "immediately before the current policy began." It also noted she had failed to disclose her previous insurance when applying for the new policy with TAL Life.

"There is no information before me about the extent of the critical illness cover the complainant had, if any, through her husband's employer’s insurance arrangements," AFCA’s ombudsman stated.

"Furthermore, it appears that any cover she might have had ceased about a month before the new policy started. I am not convinced there was 'continuity of cover' as suggested by the complainant."

The ombudsman expressed AFCA’s sympathy towards the claimant, especially given that the diagnoses occurred "very close to the end of the qualifying period." Nonetheless, he emphasized that there was no valid reason for the qualifying period to be dismissed.

"The qualifying period is reasonably short and its existence is not unjust. These terms are part of all insurance policies and they draw necessary boundaries. The enforcement of these terms is not inherently unfair," the ombudsman elaborated.

For a more detailed account of the ruling, refer to the original report by AFCA.

Published:Wednesday, 4th Sep 2024
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

Isuzu Recall Puts Software Risk on the Insurance Radar
Isuzu Recall Puts Software Risk on the Insurance Radar
05 Nov 2026: Paige Estritori
A fresh Australian Government vehicle recall for selected Isuzu MY25 trucks is a timely reminder that modern heavy vehicle risk is no longer limited to tyres, brakes, steering, driver behaviour or road conditions. Software faults can also create safety exposures that matter for fleet operations, incident investigations and insurance conversations. - read more
Delayed Insurance Inquiry Keeps Tradie Cover Issues on the Table
Delayed Insurance Inquiry Keeps Tradie Cover Issues on the Table
05 Nov 2026: Paige Estritori
A federal parliamentary inquiry into small business insurance has pushed its reporting timetable into early 2027, extending the wait for recommendations that may shape future debate on affordability, availability and regulation. For Australian tradespeople, the delay matters because the inquiry is examining the commercial insurance lines many small operators rely on daily, including public liability, professional indemnity, cyber risk and business interruption cover. - read more
Why Claims Communication Is Back in the Spotlight
Why Claims Communication Is Back in the Spotlight
05 Nov 2026: Paige Estritori
A new Life Code Compliance Committee inquiry has put fresh attention on the way life insurers manage longer-running income protection insurance and total and permanent disability claims, finding that clearer communication and earlier information requests could reduce avoidable stress for people waiting on claim decisions. - read more
New Isuzu Truck Recall Highlights a Claims Evidence Issue
New Isuzu Truck Recall Highlights a Claims Evidence Issue
05 Nov 2026: Paige Estritori
A fresh safety recall affecting 3,710 Isuzu MY25 trucks is a timely reminder that modern truck insurance risk is not only about driver behaviour, road conditions or workshop servicing. Software, trailer systems and electronic braking signals can all become part of the evidence trail if an incident occurs. - read more
Mental Health Cover Debate Now Matters for Business Protection
Mental Health Cover Debate Now Matters for Business Protection
05 Nov 2026: Paige Estritori
Australia’s life insurance sector is moving into a detailed debate over how mental health conditions should be treated in disability-style cover, and the outcome could matter for business owners who rely on insurance to protect income, debt and operational continuity. - read more


Life Insurance Articles

Income Safety Net: How to Choose the Right Income Protection for Your Lifestyle
Income Safety Net: How to Choose the Right Income Protection for Your Lifestyle
In the face of life's unpredictable twists and turns, few things are as disconcerting as the possibility of suddenly losing your ability to earn an income due to illness. Such events are often unexpected and can have significant financial repercussions that interrupt not only your flow of daily life but also compromise your future plans. - read more
How Income Protection Insurance Is Regulated in Australia
How Income Protection Insurance Is Regulated in Australia
Income protection insurance in Australia is subject to rules covering insurer stability, product disclosure, sales conduct, claims handling and dispute resolution. Understanding the roles of APRA, ASIC, AFCA and key policy documents can help you compare cover more confidently. - read more
How Income Protection Benefit Payments Are Calculated
How Income Protection Benefit Payments Are Calculated
Income protection benefit payments are usually based on your insured monthly benefit, your income before disability, policy limits, claim evidence and any offsets that apply. This guide explains the main factors that can affect how much may be paid during an income protection claim in Australia. - read more
Finding Accidental Coverage When Comprehensive Income Protection Isn't an Option
Finding Accidental Coverage When Comprehensive Income Protection Isn't an Option
Income protection is an integral part of maintaining your financial security, especially in the event that unforeseen illnesses or injuries prevent you from working. Enabling you to receive a percentage of your regular income, this type of insurance provides a safety net, ensuring that you can continue to cover your living expenses and financial obligations whilst recovering. - read more
Combining Financial Security and Affordability: Income Protection for Australians Explained
Combining Financial Security and Affordability: Income Protection for Australians Explained
Financial security is a cornerstone of peace of mind, particularly when life is known for its unpredictability. This introductory section sheds light on the vital nature of income protection insurance and its role in safeguarding Australians' financial well-being. Ensuring continual financial inflow during times of illness or injury not only offers stability but also protects one's standard of living. - read more

Knowledgebase
Elimination Period:
The time period between an injury and the receipt of benefit payments from an insurer, particularly in disability insurance.