FAI Life Insurance say ROSS FITZPATRICKE'S policy was voided because he concealed his sexual orientation, lifestyle and medical history. It says he didn't comply with his duty of disclosure. 

In 1981, Mr FITZPATRICKE took out a $200,000 life policy with Business Mens Assurance Company of Australia, that was later taken over by FAI. In papers filed in the New South Wales District Court, FAI says Mr FITZPATRICKE, who died on October 14, 1990, failed to disclose relevant details of his sex life. And the company claims he lied about his medical history. 

During periodic renewals of the policy, he denied having any departure from good health. FAI says Mr FITZPATRICKE'S failure to comply with his duty of disclosure was done deliberately or recklessly. 

His sons, ROWAN FITZPATRICKE and WADE TURLAND, are suing FAI for $242,000, plus interest and costs. The hearing is continuing.