Anna Morris

Full Profile

Anna has significant experience advising life insurers and superannuation trustees on their liability arising from total and permanent disablement (TPD), death, trauma and income protection claims. She has acted on behalf of a number of Australia's major life insurers as well as the trustees of group superannuation funds.

Anna's medical indemnity experience includes acting for medical and allied health professionals in negligence claims including psychiatric hospitals, radiology service providers, clinical optometrists, laser surgery clinics, psychologists and alternative medicine practitioners. She represents medical and allied health professionals in Australian Health Practitioner Regulation Agency (AHPRA) investigations as well complaints made against professionals to consumer complaint commission bodies.

Anna also acts for insurers and their insureds in the defence of public liability, product liability, medical indemnity and professional advice matters. She practices in all State and Federal jurisdictions and assists clients in preparing submissions to the Australian Financial Complaints Authority.

Anna is a member of the Australasian Life Underwriting and Claims Association, Australian Insurance Law Association, Women in Insurance and the Victorian Claims Discussion Group.

Experience

Life insurance

• Acted for a life insurer in a Victorian County Court involving fraudulent misrepresentation and substantial non-disclosure by the claimant of his medical history when applying for TPD and Income Protection cover in a group scheme. The matter resolved shortly prior to trial on terms highly favourable to the insurer.

• Defended a TPD claim brought by a manual worker alleging musculoskeletal injuries. Investigations were undertaken for the dual purpose of defending the proceeding and for a review at the Life Insurer's request, which on assessment revealed significant inconsistencies in the plaintiff's claim. As a consequence the matter resolved at mediation on confidential terms in the Insurer's favour.
• Advised a life insurer on its liability to make payments under an income protection policy which covered a medical practitioner who alleged he was unable to work due to an illness. At the time of lodging the claim the life insured had also been sentenced to a term of imprisonment and suspended by the relevant regulating authority.
• Provided advice to a general insurer on PTD claims arising from group Accident & Health policies.

Indemnity

• Instructed by a liability insurer in an indemnity dispute brought by an insured whose property was destroyed by fire following a suspected arson. The insurer obtained evidence that at the time of the fire the insured had been in prison for drug related offences and the insured property had been vacant. The matter was defended on the basis of fraudulent misrepresentation and that it was a term of the policy that cover would terminate in the event of un-occupancy. The matter was resolved at mediation on terms very favourable to the insurer.

Professional liability

• Assisted in the defence of a failure to diagnose claim brought against a radiology service provider. The patient presented with metastatic cancer four months after attending the radiology provider. Causation arising from the alleged breached was contested and the matter resolved at mediation.

Public liability

• Acted for a roof plumber in matter involving a roof tiler who suffered injuries in the course of employment. Claims were brought by the Worker and the VWA against the roof plumber, principal builder, scaffold supplier and roofing company. Liability was strongly contested as two defendants were not insured and there was evidence of substantial contributory negligence by the worker. Matter resolved at the door of court with considerable discount achieved for the insured roof plumber who, as an insured defendant, was considerably exposed to the Worker's common law damages claim.