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Australia guarantees and indemnities

Kuhl v Zurich Financial Services Australia Ltd

(2011) 243 CLR 361
JurisdictionAustralia
CourtHigh Court of Australia
Year2011
StatusBinding authority

Summary

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.

Key Principle

The HCA held that the s.54 of the Insurance Contracts Act 1984 prevents insurers from refusing claims based on acts of the insured after the contract was entered into, unless the insurer proves that no part of the loss was caused by the insured's conduct.

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.

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