Tag archives: Insurance contracts act

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

By Ray Giblett and Timothy Chan on May 29, 2020 Posted in Cases

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

By Tricia Hobson, Ray Giblett, Andrea Garratt and Melissa Tan on July 3, 2019 Posted in Cases

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

It’s Now or Never: When Does a Cause of Action Arise Under an Insurance Policy?

By Ray Giblett and Alexander Field on May 23, 2019 Posted in Cases

I Can you breach an insurance policy before being aware of a claim? The short answer is yes. In a split decision, the New South Wales Court of Appeal recently found a cause of action for breach of an indemnity policy accrues at the time of an insurable event, in this case … Continue reading

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

By Ray Giblett, Matthew Ellis and Alex Madry on February 22, 2019 Posted in Industry news

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

By Ray Giblett and Melissa Tan on January 24, 2017 Posted in Cases

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?

By Tristan Baker and Ray Giblett on November 25, 2016 Posted in Cases

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

An insured by any other name doesn’t smell as sweet

By David Frew and Ray Giblett on October 11, 2016 Posted in Cases

A recent NSW court of appeal decision has confirmed that section 45 of the Insurance Contracts Act 1984 (Cth)(ICA) will only render an “other insurance” clause void where the insured is a contracting party to both policies.… Continue reading

Section 54 of the Insurance Contracts Act – a hard “act” to follow

By Ray Giblett and Tristan Baker on October 7, 2016 Posted in Claims

Lawyers have often scratched their heads trying to come to terms with section 54 of the Insurance Contracts Act 1984 (Cth) (ICA). Section 54 prevents an insurer from denying a claim on the basis of an act (or omission) of the insured provided the act did not cause the loss. Two recent cases have considered … Continue reading