Under Insurance Contracts Act 1984 s.54, an insurer cannot refuse a late notification claim unless it can establish actual prejudice suffered as a result of the late notice.
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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.
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