If these blokes held two income protection policies then obviously one of the providers would not pay out, that’s the law and it’s clear cut. However in this case they held TPD alongside their income protection which is a completely separate product to income protection and can be paid out whilst receiving payments from your income protection insurer. Many income protection policies include the option of adding on TPD for an extra fee. What this case boils down to is disclosure; was this clause included in the PDS at the time of taking out the cover and can it be proved.