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Law of Insurance Warranties, The


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CHAPTER 6

The law on insurance warranties in Australia

Non-marine insurance: s54 of the Insurance Contracts Act 1984

Background

6.1 In Deaves v CML Fire & General Insurance Co Limited1 Murphy J, describing the law as it stood prior to the enactment of the Insurance Contracts Act, said:

The existing state of insurance law is so favourable to insurers that any insurance company can easily frame its proposal forms and policy in such a way that only an extremely weary proponent will be able to recover. This has been tolerable only because, in general, insurers have not taken advantage of their superior position.

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