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Life can change in an instant.

If you are injured and unable to work or enjoy your usual daily activities, you may have insurance coverage that you are not aware of that you are able to claim.

If you are the dependent of a deceased loved one you may be entitled to a loss of dependency insurance claim.  Even a deceased’s estate may be entitled to claim on insurance.

We are experienced & compassionate in handling disability superannuation law matters. Insurance coverage, such as Life Insurance and Income Protection Insurance, may assist when you become injured or ill, or when a loved one dies. You may have other entitlements if you are a Commonwealth or State public servant and/or members of the armed services.

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Life insurance is protection for a person’s dependants from financial harm due to that person’s death.

These dependants are described as ‘beneficiaries’ who, in the event of the policy holder’s death, will receive a lump sum payment.

The Trustee of the fund will usually have the discretion to pay any benefits to the following (depending on whether or not a binding death nomination is in place):

  • The deceased’s Estate (in which case the superannuation death benefits will be distributed in accordance with the Will of the Deceased. If there is no Will, then the monies will be distributed in accordance with the rules of intestacy)
  • The person claiming the superannuation death benefit; or
  • Any other people who were financially dependent upon the deceased

Upon the policy holder’s death, the beneficiaries will be required to notify the insurer and provide them with the relevant claim forms and documentation. This information will then be assessed by the insurer who will decide upon the claim’s validity. In the event of the claim being approved, the policy will be paid out to the beneficiaries and it will cease to exist, thus preventing any further claims.

Most people will have life insurance, as it is usually included by default in a superannuation policy, however, you should investigate whether your policy includes life insurance.

In some cases there may be strict time limits. Any person who may have a claim on a death benefit should seek advice as soon as possible to ensure a claim is lodged within time.

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Contact us to discuss your situation and best course of action. We understand your time is valuable and offer consultations via Zoom, Skype, Microsoft Teams or phone call. Let McNamara Law help you find your legal solution today!

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Thanks for your enquiry. To be eligible for a total or permanent disability claim or income protection claim against your superannuation/ or insurer you must show that due to an injury or illness you are unfit for your usual employment or any other employment you are qualified for or are temporarily unable to earn an income. If you believe you are entitled to make a claim please contact us via our general enquiry form on please call us on 1800 285 888
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