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What happens if an insurance company does not comply with a policy re-issue request?

I asked my insurance company to re-issue my lost policy document. It has been four months and the insurance company has not progressed my request. What can I do?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 06-12-2015
1 Lawyer Answered
View more Q&A on:
  1. TPD & Life Insurance
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • The insurance company may issue a replacement policy document if it is satisfied that there is sufficient evidence of the loss or destruction of the original policy document.
  • The replacement policy documents may be requested by either:
    • the policy owner; or
    • a person who is lawfully entitled to the benefit under the policy if the policy owner is deceased.
  • Section 221 of the Life Insurance Act 1995 (Cth) states that if the company does not issue a replacement policy document within 6 months after it receives a written request the policy owner may apply to a court for an order.
  • If the court is satisfied of the requirements it may order the company to issue a replacement policy document to the applicant within an appropriate time frame. 

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