LAW 1509 Chapter Notes - Chapter CASE NOTES: Anzac Day, Life Insurance
29 Jun 2018
School
Department
Course
Professor
COMM TRANS TUTE INSURANCE CONTRACTS
Next week Wednesday is a break for ANZAC day so no tute
The tute will probably be moved to the Friday but will get an email
Australian Guide to Legal Citation
Insurance Contracts Act provides definition of insurance
Steps needed for an insurance contract not provided, negative contract
Duties- Utmost good faith applies to the insured and insurer
Judgement might be long because there is reasoning behind the judgement
Unanimous decisions rare
Relevant facts- what kind of insurance are we dealing with
When the insured does not disclose information to the insurer you may be refused
pay out
Look deeper at the issue not just superficial issue
Common knowledge doesn’t have to be disclosed but things relevant to person
must be disclosed
It’s fraudulent not to disclose known information to the insurer
s21B allows insurers to ask for clarification when your circumstances change at the
time of renewal
s31A extends duty of disclosure to persons covert by the life insurance but not
policy holder
If you expressly identify someone in the life insurance contract and they know you
have a condition and they don’t disclose it they aren’t able to claim the money
either
Duty of disclosure abolished and replaced with insurer to ask specific questions
Next week looking at Personal Property topic and take a photo of personal property
1
Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Next week wednesday is a break for anzac day so no tute. The tute will probably be moved to the friday but will get an email. Steps needed for an insurance contract not provided, negative contract. Duties- utmost good faith applies to the insured and insurer. Judgement might be long because there is reasoning behind the judgement. Relevant facts- what kind of insurance are we dealing with. When the insured does not disclose information to the insurer you may be refused pay out. Look deeper at the issue not just superficial issue. Common knowledge doesn"t have to be disclosed but things relevant to person must be disclosed. If you expressly identify someone in the life insurance contract and they know you have a condition and they don"t disclose it they aren"t able to claim the money either. Duty of disclosure abolished and replaced with insurer to ask specific questions.
