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ARTICLE · 24 NOVEMBER 2021

Recent developments in Notifications Under Claims Made and Notified Policies and section 54 Insurance Contracts Act

Holman Webb
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Recent cases highlight that a failure to notify a circumstance under s40(3) IC Act cannot generally be remedied by recourse to s54.

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Zara Officer
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Unusually, in the second half of 2021 there have already been two cases relating to notifications under 'claims made and notified' policies, which have looked at whether an Insured's failure to notify facts and circumstances that have the potential to give rise to a claim can be cured by section 54 of the Insurance Contracts Act 1984 (Insurance Contracts Act).

The cases discussed below have clarified that omissions to notify facts and circumstances that might give rise to a claim are not omissions to which section 54 can apply.

Avant Insurance Limited v Burnie [2021] NSWCA 272

The matter of Avant Insurance Limited v Burnie [2021] NSWCA 272 was an appeal against interlocutory orders made in a medical negligence case in the District Court of New South Wales..

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