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Throwing out the rubbish on exclusion clauses

Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161 related to a claim commenced by Mr Healey against Penrith City Council (‘the Council’) and GIO General Ltd (‘GIO’), as the public insurer of Usshers Pty Ltd (‘Usshers’) (now deregistered), in relation to a shoulder injury suffered during the course of his employment as a garbage collector. 
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Can total permanent impairment exist immediately before death?

After suffering an horrific accident at work, a person survives for three minutes with debilitating injuries, then dies.

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