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ARTICLE · 18 SEPTEMBER 2018

What You Need To Know About Claims-Made Cover Down Under

Crocodiles, kangaroos, boomerangs and beaches. These are some of the things that make Australia unique

AustraliaInsurance

Crocodiles, kangaroos, boomerangs and beaches. These are some of the things that make Australia unique. However, unless you are a travel insurer, they are not particularly relevant to insurance. One thing that is both unique and relevant to underwriters however is the Insurance Contracts Act 1984 (ICA) and the power it has, particularly where a policy wording has been issued without having regard to the provisions of this unique piece of legislation.

The uniqueness of claims-made cover

It is often a source of surprise, and sometimes bewilderment, for London underwriters when we inform them that the effect of their policy wording, in combination with the ICA, is that a recent claim against an insured may fall into a policy period sometimes many years earlier even though the insured did not notify any circumstances to underwriters.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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