Case Study

Life Insurance Litigation Case

David v Goliath

– Case Description

“David” had seen three other law firms before approaching us at Lee Lawyers. The other ‘insurance law experts’ had not taken his case for various reasons.

We immediately saw and understood David’s issues and once retained, got to work on solving the problems.

It was a technical and challenging matter, but with David and family with us all the way, together we prevailed.

The insurer’s payment changed the life of David and his loved ones. We are grateful to represent our clients and remember that in the battle of David and Goliath …

David won.

Case Summary

In the middle of the night “David” woke up screaming from a surprise medical condition. He was taken by ambulance to the local hospital and emergency procedures performed. David’s life was forever changed. He could not go back to work, nor enjoy normal activities of daily living.

Actually the insurer did not challenge this and initially made some Income Protection payments.  Rather, it decided to go looking through David’s medical history to see what it could dig up.

The claim was then refused on unrelated medical history, recorded with David’s GP. The insurer said it would not taken him as an insured at all, had David disclosed this information which it argued, any reasonable person in David’s position would have known as relevant to an insurer providing Income Protection or TPD insurance.

We thought otherwise.



Review David's insurance and medical history


Obtain a medico-legal report from a pre-eminant expert doctor


Demand, with reasons, the insurer honour the insurance policy contract


Sue the insurer in the Supreme Court of Queensland


Settle the matter at mediation with a top QC

Final Result

In short, we and David made the QC’s job easy to settle this matter before trial at a mediation. What it takes is know-how, plus preparation, preparation and preparation.

David’s settlement changed his life so he and family could restore their dignity and live in peace, with financial security.

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