Australia Insurance Contracts Act 1984 (Cth)
Part II: The duty of the utmost good faith – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s13: s 13 Act toward the other party with the utmost good faith

Each party to an insurance contract, including a third party beneficiary once the contract is entered into, acts towards the other with the utmost good faith in every matter arising under or in relation to the contract, including claims, renewal, variation and cancellation. The duty is implied into every contract the Act covers, its breach is a breach of the Act, and Part II is not read down by any other law or by later provisions of the Act (ss 12, 13(1) to (4)). For insureds it does not add any disclosure duty beyond the reasonable care or disclosure duty in Part IV.

Maintained by Gerard Blokdyk

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