Australia Insurance Contracts Act 1984 (Cth)

Part V: Policy terms, standard cover, notification of terms and claims rules – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s37: s 37 Clearly inform the insured in writing of unusual terms before entry

For contracts that are not prescribed (standard cover) contracts, the insurer cannot rely on a term of a kind not usually included in contracts giving similar cover unless, before entry, it clearly informed the insured in writing of the term's effect, whether by providing the wording or otherwise.

Maintained by Gerard Blokdyk

Other controls in Part V: Policy terms, standard cover, notification of terms and claims rules – Australia Insurance Contracts Act 1984 (Cth)

s35 s 35 Standard cover: pay the minimum amount unless the insured was clearly told of the departure
s37C ss 37A to 37E Home insurance: state in writing whether flood is covered, and apply the standard flood definition
s38-53 ss 38(1), 43, 45, 52 and 53 Keep void terms out of policy wordings
s39-62 ss 39 and 62 Instalment premiums: inform in writing before relying on non-payment terms
s40 s 40 Claims-made liability insurance: inform about notification of facts and retroactive cover
s41 s 41 Liability insurance: answer the insured's request about admitting the claim and conducting the defence
s44 s 44 Average provisions: inform before entry, and apply the 80% rule for homes
s46-47 ss 46 and 47 Do not rely on pre-existing defect or sickness exclusions where the insured could not have known

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