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) s40: s 40 Claims-made liability insurance: inform about notification of facts and retroactive cover

Before entering a liability contract that excludes claims notified after the period of cover, the insurer clearly informs the insured in writing of the effect of s 40(3) (if the insured notifies facts that might give rise to a claim as soon as reasonably practicable after becoming aware and before cover ends, a later claim on those facts is covered) and, where the contract does not cover events before entry, that it does not. Failure to inform is an offence (300 penalty units). The insured, for its part, should notify circumstances promptly before expiry to preserve cover.

Maintained by Gerard Blokdyk

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