To what extent can the insurer rely on the duty of the utmost good faith

To what extent can the insurer rely on the duty of the utmost good faith.

Subject Insurance Law

Topic of Dissertation

‘To what extent can the insurer rely on the duty of the utmost good faith’

References:

Insurance Contracts Act 1984 (Cth), in particular section 13

ALRC 20 at [328]

General Insurance Code of Practice

Sutton in Insurance Law in Australia (3rd Ed, LBC Information Services, 1999)

Case Law – CGU Insurance Ltd v AMP Financial Planning Pty Ltd (2007) 235 CLR1

Sheldon v Sun Alliance Ltd (1989) 53 SASR 97 at 152

Kelly v New Zealand, Insurance Ltd (1996) 9 AN Ins Cas 67-317; 130 FLR 97 at 76, 518-76, 520 (ANZ Ins Cas), 111-112 (FLR)

Russell v NRMA Insurance Ltd (unreported, NSW Sup Ct, Rogers CJ Comm D, 8 November 1988).

Moss v Sun Alliance Australia Ltd (1990) 55 SASR 145

Re Zurich Australian Insurance Ltd [1999] 2 Qd R 203

Gutteridge v Commonwealth of Australia (unreported, Ambrose J, QLD Sup Ct, 25 June 1993).

Wyllie v National Mutual Life Association of Australasia Ltd (1997) 217 ALR 324

Gugliotti v Commercial Union Assurance Co of Australia (1992) 15 MVR 463

Hammer Waste Pty Ltd v QBE Mercantile Mutual Ltd [2002] NSWSC 1006

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