Case 1 When can an insurance company avoid paying out a claim on the grounds the member has made a fraudulent misrepresentation when completing the application for the underwritten cover? The insurer's right to avoid the contract of insurance is found in section 29(2) of the Insurance Contracts Act 1984 (Cth) (ICA) and, in this case, the member complained to the Tribunal, lost that first decision and then appealed to the Federal Court. The Court found the Tribunal had erred in law and sent the matter back to the Tribunal for further consideration. The member was unable to work due...