Stonemagic Pty. Ltd. has one director, Andrew Stone who is also a shareholder and a second shareholder, Elizabeth Stone. Elizabeth is Andrew's wife. Both shareholders are employed by the company and insurance policies are taken out with Nova Insurance Company for all employees. The company imports and cuts stone for sculptors. On 8th September, 2023 Andrew is working in the warehouse when a huge block of marble becomes loose and falls, crushing his leg. Andrew is hospitalised for several months. An insurance claim is lodged for Andrew's injuries and for loss of business income while he is unable to work in the business. The claim is refused by the insurance company. The company says that Andrew is not an employee but a director and therefore is not covered by the insurance policy.

Required: Advise Andrew and Elizabeth if they can challenge the insurance company's decision? Justify your answer based on the relevant legal precedents critically applied to the facts.

Answer rating: 100% (QA)

Advise to Andrew and Elizabeth Yes you can likely challenge Nova Insurance Companys decision Heres why Arguments in Favor of Andrews Coverage Employee ... View the full answer