Fenton, Amanda v AIA Australia Ltd (formerly American International Assurance Company (Australia) Ltd) [2017] VSCA 331

INSURANCE, APPEAL, WORDS AND PHRASES
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Tate JA, Osborn JA, Beach JA
Parties: 

Fenton, Amanda v AIA Australia Ltd (formerly American International Assurance Company (Australia) Ltd)

Judgment Date: 
17 November 2017
Catchwords: 

INSURANCE - Disability income insurance policy - Total disability policy - Total disablement benefit - Partial disablement benefit - Sickness - Whether insured, solely due to sickness, unable to perform one or more duties of occupation important in producing income - Whether judge erred in not accepting that applicant, solely due to sickness, was unable to perform one or more duties of her occupation important to producing income - No error established - Application for leave to appeal refused.

APPEAL - Application for leave to appeal - Applicant's proceeding dependent upon credibility and reliability of applicant's evidence - Advantages enjoyed by trial judge - Judge's findings not glaringly improbable or contrary to compelling inferences - Different case advanced by applicant on appeal from case advanced at trial - Applicant not permitted to advance new case which could possibly have been met by further evidence at trial - Whisprun v Dixon (2003) 77 ALJR 1598 referred to.

WORDS AND PHRASES - Sickness - Totally disabled - Partially disabled - Unable to perform one or more duties of occupation important in producing income.

Citation: 
[2017] VSCA 331