Legislative amendments
Article Abstract:
Australian legislative developments in the insurance law area include passage of amendments to the Insurance (Agents and Brokers) Act 1984 and the Insurance Contracts Act 1984. The Life Insurance Act 1995 has replaced the repealed Life Insurance Act 1945. Issue estoppel in the insurance litigation context was addressed by the Supreme Court of Victoria in Petrie v. Linsley. The Court of Appeals in New Zealand found in Kelly v. National Insurance Co. of New Zealand that the recklessness of a co-assured tainted the claim of the other co-assured in the insurance of partnership property.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1995
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An assured's duty of disclosure
Article Abstract:
The Supreme Court of Victoria ruled in Burns v. MMI-CMI Insurance Ltd. that the insured had intentionally failed to disclose information to the insurer and the insurer was able to deny coverage based on Australia's Insurance Contracts Act 1984 section 21(1). The insured had failed to provide requested information at the time the loss occurred, but the insured argued that interim coverage was still in effect even though the 30 day extension had expired 10 days prior. The court found that the insurer had met its duty to inform the insured that additional disclosure was required.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1995
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The test of materiality of facts at common law
Article Abstract:
Australian law under the Insurance Contracts Act 1984 regarding materiality of nondisclosed or misrepresented facts is consistent with the House of Lords' decision in Pan-Atlantic Insurance Co. v. Pine Top Insurance Co. The House of Lords accepted the requirement that the nondislosure or misrepresentation of material facts actually induced the insurer to enter into the insurance contract. The decisive influence test, which requires that the party's decision would have been different but for the material facts, was narrowly rejected.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1995
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