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Australia guarantees and indemnities

Certain Lloyd's Underwriters v Cross

(2012) 248 CLR 378
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

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.

Key Principle

Insurance Contracts Act s.54; insurer cannot refuse claim for insured's breach of duty of disclosure where breach did not cause loss

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239

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

Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361

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.

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