Tag archives: Insurance contracts act

Insurer ‘waives’ goodbye to its rights – Cyclone lifts roof on non-disclosure issues

The recent Federal Court of Australia decision in Delor Vue Apartments CTS 39788 v Allianz Australia Insurance Ltd (No 2) [2020] FCA 588 found an insurer can be estopped from changing its mind on a claim. The case provides guidance for underwriters and brokers on the need to make appropriate inquiries during the underwriting process … Continue reading

Section 54 cannot cure what you didn’t know or didn’t exist

DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Limited The recent NSW Supreme Court decision in DIF III – Global Co-Investment Fund LP v Babcock & Brown International Pty Limited ruled that section 54 the Insurance Contracts Act 1984 (Cth) (ICA) did not cure a lack of notification of circumstances … Continue reading

Insurance After Hayne Part 3 – The duty of disclosure: 5 lessons for insurers

Welcome to Part 3 of Insurance After Hayne, a six part series on our Insurance Law Tomorrow blog focusing on the implications for insurers following the release of the final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. This week, we shift our focus to one of the … Continue reading

You think that’s excluded, think again – section 54(3) of the Insurance Contracts Act to the rescue

Allianz Australia Insurance Ltd v Smeaton [2016] ACTCA 59 A jet ski, no licence, and a freak accident which ended a boys’ afternoon out on the Ross River, Queensland. To top it off, a policy exclusion apparently excluded cover. Fortunately for the insured, section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) stepped in … Continue reading

A High-Water Mark in Section 54’s Voyage to Certainty?

If the High Court’s signal in Highway Hauliers was not clear enough, the Full Court of the Federal Court has further affirmed the pervasive remedial nature of section 54 of the Insurance Contracts Act 1984 (ICA). Watkins Syndicate v Pantaenius concerned an appeal from a decision handed down in January this year (See https://www.insurancelawtomorrow.com/2016/10/section-54-of-the-insurance-contracts-act-a-hard-act-to-follow ). … Continue reading