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) s38-53: ss 38(1), 43, 45, 52 and 53 Keep void terms out of policy wordings

Policy wordings are drafted so that they do not contain terms the Act makes void: an interim contract term making cover depend on a proposal being submitted or accepted (s 38(1)); a pre-dispute arbitration requirement or limit (s 43); an 'other insurance' clause that limits or excludes liability because the insured has other non-compulsory insurance, except true excess-of-loss cover (s 45); any term that excludes, restricts or modifies the Act to someone else's prejudice (s 52); and a term letting the insurer vary the contract to someone else's prejudice, outside classes the Regulations exempt (s 53). An insurer under an interim contract stays liable while a replacement proposal is pending (s 38(2)).

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)

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