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Discriminatory Exclusion Clauses: Ingram v QBE Insurance (Australia) Ltd

On 18 December 2015, the Victorian Civil and Administrative Tribunal  determined that QBE Insurance (Australia) Ltd directly discriminated against Ms Ingram by including and relying upon a mental illness exclusion clause in a travel insurance policy.

In its defence, QBE relied on the actuarial/statistical data and unjustifiable hardship exceptions contained in the Equal Opportunity Act 2010 (Vic)  and/or the Disability Discrimination Act 2004 (Cth).  These defences were unsuccessful.

This article addresses the claims of discrimination made by Ms Ingram, the arguments made by QBE and the Tribunal’s findings.  Further, this article raises some of the implications of this case for insurers.

Significant cases, legislation or articles referred to:

 

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