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) s54: s 54 Do not refuse a claim for a post-contract act unless it caused the loss

Where the contract would let the insurer refuse a claim because of an act or omission (by the insured or another person) after entry, the insurer does not refuse on that ground alone but reduces its liability by the amount that fairly represents the prejudice to its interests. It may refuse only where the act could reasonably be regarded as capable of causing or contributing to the loss, and then not for any part of the loss the insured proves the act did not cause, or where the act was necessary to protect safety or preserve property or could not reasonably have been avoided.

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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