The Duty to Cooperate in Resolving Personal Injury Claims

Give and Take: The Duty to Cooperate in Resolving Personal Injury Claims

The decision in Cameron v RACQ Insurance Limited [2013] QSC 124 is a useful reminder that the broad general duty upon claimants and insurers to cooperate with one another is not always confined to the particular matters stated in the legislation.

This case considered a provision in the Motor Accident Insurance Act 1994 (Qld) (MAIA). However, the Workers’ Compensation and Rehabilitation Act 2003 (Qld) contains comparable provisions which could be similarly interpreted by a court.

Implications

In this decision, the Court emphasised the need for insurers and claimants to comply with their overarching duty to cooperate with one another in resolving personal injuries claims, and indicated that this duty may extend beyond disclosure of the specific information/documentation referred to in the legislation.