Allianz Australia Insurance Ltd v Sim

Under Insurance Contracts Act s.54, an insurer cannot refuse a claim on the basis of the insured's breach of duty of disclosure where that breach did not cause or contribute to the loss.

Insurance contract construction follows general commercial contract principles, requiring consideration of text in context and giving effect to the commercial purpose.

Under s.54 Insurance Contracts Act 1984, an insurer cannot refuse a claim based on post-contract acts of the insured unless the insurer proves the loss was caused by that conduct.