← All Authorities
Australia exclusion and limitation clausesguarantees and indemnities

CGU Insurance Ltd v Porthouse

(2008) 235 CLR 103
JurisdictionAustralia
CourtHigh Court of Australia
Year2008
StatusBinding authority

Summary

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.

Key Principle

professional indemnity insurance; late notification; Insurance Contracts Act s.54; prejudice to insurer from late notice of claim

Area of Law

insurance

Related Cases

Allianz Australia Insurance Ltd v Sim [2012] HCA 39
Certain Lloyd's Underwriters v Cross (2012) 248 CLR 378

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.

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.

Ask CommonBench about this case

Get a detailed analysis of CGU Insurance Ltd v Porthouse and how it applies to your situation.

Explain CGU Insurance Ltd v Porthouse