QBE Insurance (Australia) Limited v Peter Cowan

In the case of QBE Insurance (Australia) Limited v Peter Cowan, the Federal Court of Australia was asked to review the assessment of damages made by a claims assessor in relation to a motor vehicle accident. The defendant, Peter Cowan, had suffered injuries in a motor vehicle accident and sought damages from QBE Insurance (Australia) Limited, his insurer. The insurer appointed a claims assessor to determine the amount of damages payable, which Cowan contested.

The primary legal issue before the court was whether the claims assessor had made a jurisdictional error or an error apparent on the face of the record in assessing the damages. Cowan argued that the claims assessor had not properly considered certain aspects of his claim, and that the assessment was therefore flawed. QBE Insurance contended that the claims assessor had correctly exercised their discretion and that the court should not interfere with the assessment.

The court held that there was no jurisdictional error or error on the face of the record in the claims assessor's decision. The court found that the claims assessor had considered all relevant factors and had exercised their discretion in a reasoned manner. The court also noted that the claims assessor had the benefit of hearing evidence from medical experts and other witnesses, which was not available to the court on review. The court concluded that it was not appropriate to interfere with the claims assessor's decision, and dismissed Cowan's appeal.

The court's decision in this case highlights the importance of the claims assessor's role in determining damages in insurance claims, and the limited scope of judicial review in such matters. The court emphasised that the claims assessor's decision should only be interfered with if there is a jurisdictional error or an error on the face of the record, and that the court should not substitute its own assessment of damages for that of the claims assessor.