Section 54, Insurance Contracts Act 1984 (Cth)
Article Abstract:
A professional indemnity insurance case was brought before the New South Wales Court of Appeal in which the insurer was notified of the claim after the expiration of the coverage and after judgment was entered against the insured on behalf of the claimant. Application of Section 54 of the Australian Insurance Contracts Act 1984 proved the insurer was exempt from providing coverage.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
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The meaning of "accident." (insurance) (South Australia)
Article Abstract:
The definition of 'accident' figured in Dunn v Pain for insurance purposes. An insurer denied that a leg injury in a swimming pool due to a deliberate push from another person qualified as an accident. The court upheld the claim and required the insurer to pay, upholding a broad interpretation of 'accident' for the benefit of the insured.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
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The High Court widens the "reach" of the Insurance Contracts Act
Article Abstract:
The Australian High Court ruled in Newcastle City Council v. GIO General Ltd. that section 40 of the Insurance Contracts Act applied to both 'claims made' and 'claims made and notified' policies. The court made this ruling based on legislative intent. This decision eliminates the distinction between the two types of policies.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1998
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