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Federal Court Denies Truck Driver's Insurance Claim Appeal

Inactive Superannuation Coverage Leads to Unsuccessful Insurance Appeal

Federal Court Denies Truck Driver's Insurance Claim Appeal?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

In a recent legal development, the Federal Court of Australia dismissed an appeal by a logging truck driver, Mr.
Bradley Henschke, concerning his insurance claim through the Australian Retirement Trust.
The case, Henschke v Australian Retirement Trust [2026] FCA 80, highlights the critical importance of understanding the specifics of insurance coverage within superannuation accounts.

Mr. Henschke, who had been self-represented throughout the proceedings, sought to challenge a determination by the Australian Financial Complaints Authority (AFCA). The core issue was whether he had active insurance coverage through his superannuation accounts. Both the AFCA and the Federal Court concluded that he did not, primarily due to low account balances and the non-activation of certain legislative provisions designed to provide coverage for high-risk occupations.

This ruling underscores the necessity for individuals, especially those in high-risk professions like trucking, to proactively verify the status and adequacy of their insurance coverage within superannuation funds. Relying on assumed coverage without confirmation can lead to significant financial vulnerabilities, particularly in the event of illness or injury.

For truck drivers and transport business owners, this case serves as a cautionary tale. It is imperative to regularly review superannuation accounts and associated insurance policies to ensure they meet personal and professional needs. Engaging with financial advisors or insurance specialists can provide clarity and help in making informed decisions about coverage options.

In the broader context, this case highlights the complexities of insurance within superannuation frameworks and the potential gaps that can exist. It is a reminder for all individuals to take an active role in managing their financial and insurance affairs to safeguard against unforeseen circumstances.

Published:Thursday, 26th Feb 2026
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

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Knowledgebase
Insurance Deductible:
the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".