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ARTICLE · 25 MARCH 2015

Are you insured against losses from a terrorist incident?

Consider if you are exposed to the risk of a terrorist incident and assess whether any existing insurance policies apply.

AustraliaInsurance

On 15 January 2015, Treasurer Joe Hockey declared that the incident which took place at the Lindt Café in Martin Place on 15 December 2014 was an act which constituted a "declared terrorist incident" for the purposes of the Terrorism Insurance Act 2003 (Cth).

The declaration meant that terrorism exclusions in certain "eligible insurance contracts"' were of no effect. It did not mean that all losses in connection with the Sydney Siege were immediately covered. To be covered, an insured would need to have held an 'eligible insurance contract' and that insurance would need to have responded to the losses (disregarding the terrorism exclusion). If relying on the Terrorism Insurance Act, an insured's ability to recover would also be subject to the various exclusions and limitations in the Terrorism Insurance Act.

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