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.