Murphy, McCarthy & Associates Pty Limited t/as MMA Civil Contractors (Subject to Deed of Company Arrangement) v Zurich Australia Limited

Murphy, McCarthy & Associates Pty Limited t/as MMA Civil Contractors (Subject to Deed of Company Arrangement) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a claim made under a life and total and permanent disability (TPD) insurance policy. The appellant, MMA Civil Contractors, had sought to claim TPD benefits under the policy for a life insured who had provided services as a construction manager and project supervisor and had undergone a hip replacement.

The central legal issues before the Court of Appeal were whether the primary judge had erred in construing the meaning of "Own Occupation" as defined in the TPD policy, and whether the primary judge had erred in finding that the life insured had exaggerated his evidence, or in failing to give adequate weight to expert and documentary evidence.

The Court of Appeal found no error in the primary judge's construction of "Own Occupation" or in the assessment of the evidence. The primary judge's findings regarding the exaggeration of the life insured's evidence and the weight given to expert and documentary evidence were upheld. The Court concluded that the primary judge had correctly applied the relevant legal principles in determining the claim.

Consequently, the appeal was dismissed with costs.