Can a Medical Device Act Stop a Court Restoring a Road Accident Victim’s Limb?
The insurer says the device is unregistered, so it need not pay. The law replies: notwithstanding any written law, it must.
Read More
What is a working arm worth? Orthoses, prostheses, and the price of restoring a brachial plexus
A brachial plexus injury costs an arm — and the law makes the insurer pay.
Read More
When the Hand That Maimed Is the Hand That Nurses: On the Insurer’s Sudden Modesty
He crippled his wife, then nursed her for years — now his insurer calls that kindness a reason not to pay.
Read More
When Is a Passenger a ‘Third Party’? [Sa’Amran 11/11]
The victim was the insured’s husband, riding to a work audit in his wife’s car. The insurer said the policy did not cover him, sat out the trial’s coverage fight, lost it, and then demanded the victim sue all over again. The Federal Court declined to oblige.
Read More
Whom Does an Insurer’s sec. 96(3) Declaration Actually Bind? [Sa’Amran 9/11]
The insurer won a declaration against its own insured, then waved it at the crash victim like a writ of execution. Appeal No. 7 of Sa’Amran asked the question the order itself could not answer: whom does a section 96(3) declaration actually bind?
Read More
Must a Crash Victim Win Twice Before the Insurer Pays? [Sa’Amran 8/11]
The victim won his judgment; the insurer’s answer was to sue him for asking to be paid. Appeal No. 6 of Sa’Amran ended the myth of the second lawsuit — and Chen Boon Kwee has since nailed the lid down.
Read More