Churchill v Clearview Life Assurance Ltd
[2023] QSC 225 · Wilson J
This was not the final personal injury or insurance claim itself, but an interim procedural fight about pleadings: Mr Churchill claimed Clearview owed him total permanent disability and income protection benefits under life insurance policies because psychological illness allegedly stopped him working as a financial adviser, while Clearview wanted to withdraw a large number of “deemed admissions” it had accidentally made in its defence because its NSW lawyers misunderstood Queensland pleading rules. The Court accepted the admissions were made by genuine error, found the disputed matters were genuinely contested, allowed Clearview to withdraw them, but ordered Clearview to pay Mr Churchill’s costs because it was seeking the Court’s indulgence.
Incident & injury
Psychological conditions developed following ASIC investigation and enforceable undertaking
- Body regions
- Psychiatric
- Diagnoses
- Moderate Depressive Disorder, Anxiety Disorder, Adjustment Disorder with Mixed Anxiety and Depressed Mood
Quick facts
- Date of judgment
- 16 October 2023
- Claim type
- Other
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Occupation
- Financial adviser specialising in life insurance products Professional
Outcome
Defendant insurer granted leave to withdraw 52 deemed admissions in its defence pursuant to r 188 UCPR. Defendant ordered to pay plaintiff's costs of the application on the standard basis.
Key issues
Churchill v Clearview Life Assurance Ltd [2023] QSC 225
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Learn more about psychological injury claims in Queensland.