Australia Insurance Contracts Act 1984 (Cth)
Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth)

Australia Insurance Contracts Act 1984 (Cth) s65-66: ss 65 and 66 Do not pursue subrogation against family, consented drivers or employees, or demand assignment

Under general insurance, the insurer has no subrogation right against a third party the insured would not be expected to sue because of a family or personal relationship or consent to use of the insured motor vehicle, unless that person's conduct arose from employment by the insured or was serious or wilful misconduct; if that person is insured, recovery is capped at what their insurer pays (s 65). It has no subrogation right against the insured's employee for conduct in the course of employment that was not serious or wilful misconduct (s 66). It does not make payment conditional on, invite or suggest an assignment of those rights (offence, 300 penalty units), and any such assignment is void.

Maintained by Gerard Blokdyk

Other controls in Parts VIII and IX: Subrogation, policy documents and reasons – Australia Insurance Contracts Act 1984 (Cth)

Query this from an agent

The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.