The Story about this Insurance Claim

Ms Xin Yuan Huang’s late husband unfortunately died due to lung cancer. He had a life insurance policy with an insurer, and when our client made a claim for such to be honoured the insurer voided the policy on the ground that our client’s late husband was fraudulent in his application as he did not disclose a pre-existing respiratory condition. The policy was created by a cold call to the client by a company hired to “market” the product for the insurer, and whatever information needed to obtain the policy was obtained in that call. Our client felt aggrieved that an insurance company could act in such a fashion when she needed support the most and came to us after being referred by a friend. We looked at the documents she provided to our office and requested the insurer’s file for our review. After taking some time to review the file we believed the our client had good legal ground to proceed with her claim against the insurer for it to honour the contract. Legal proceedings were issued and the matter proceeded with the relevant Court steps. During the litigating process we came to learn that the cold call telephone conversation was recorded, and a copy of the recorded conversation was given our office. On listening to the conversation it was clear that our client’s husband made a valiant effort to answer all the questions honestly, and the policy was essentially “sold” onto him. There was no basis to say he had tried to obtain the policy by any form of deception.The insurer tried hard in its negotiations to give our client less than what she was entitled to under the policy, but we were prepared to go to court for her and in the end the insurer paid out the policy amount along with interest as well as some of our client’s legal costs.

Our client wrote to us and said:

Actual Client Testimonial.

Thank you for your dedicated work.My husband purchased a life insurance in 2012 and passed away in 2014 due to lung cancer. However insurance company rejected to pay out the amount of $100,000 for the reason that they believed my husband did not report his health condition honestly. I felt extremely confused, depressed and helpless. However I wanted to find out the truth, because I trusted my husband was a very honest person and I wanted to seek justice for him. Through a friend’s referral, I found Henry Carus & Associates. After over a year’s investigation, your diligent and responsible manner has returned the truth to us, gained justice and compensation for me. You have truly delivered your promise to client: you deserve more. Now that the matter is settled, I wish to say thank you to Ms Wan, the interpreter in your team. Every time during our telephone communication, she has always been very understanding, which makes me feel like in a spring spree and have the strength to go on during the cause of the matter. Thanks again for your understanding and professionalism. You are an excellent legal team. I believe, no matter which country you came from, as long as we have you, the Australian’s legal justice shall remain. I wish your company goes well in everything and expands continuously.


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