Australia Insurance Contracts Act 1984 (Cth)
Part IV: Disclosure, misrepresentation, Key Facts Sheets and protected genetic information – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s27AA-33: ss 27AA to 33 Apply only the statutory remedies for a relevant failure

Where there is a relevant failure (a consumer insured's misrepresentation in breach of the reasonable care duty, or for other contracts a failure of disclosure or a misrepresentation), the insurer uses only the remedies in Division 3, and none apply if it would have entered into the contract on the same terms anyway. For general insurance it may avoid only for fraud and otherwise reduces its liability to the position it would have been in without the failure (s 28). For life insurance it may avoid for fraud, may avoid within 3 years where it would not have insured on any terms, or may vary the sum insured by the statutory formula or vary the contract to its proper position (with limits for contracts with a surrender value or death cover) (s 29); misstated age is handled only under s 30. A court may disregard an avoidance for fraud where that would be harsh and unfair (s 31), and no other remedy is available (s 33).

Maintained by Gerard Blokdyk

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