Remedial Provisions in the Insurance Contracts Act 1984 (Cth)


This paper examines the remedial provisions within the Insurance Contracts Act 1984 (Cth) and their application to life and disability insurance claims. Specifically, it delves into the nuances of Section 54 and Section 47, which respectively address acts or omissions not contributing to the loss and pre-existing conditions. Through detailed analysis, it highlights how these provisions safeguard the rights of policyholders by regulating insurers’ ability to refuse claims based on certain post-contractual actions or pre-existing conditions. Furthermore, the discussion encompasses the significance of Section 14, emphasising the requirement for insurers to uphold the utmost good faith in their dealings with policyholders. By exploring these key sections of the Insurance Contracts Act 1984 (Cth), this paper sheds light on the legal framework governing life insurance and disability insurance claims, ultimately advocating for fair and equitable treatment of insured individuals.

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