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ARTICLE · 24 APRIL 2012

When is a contract of insurance formed?

Even where there is no written policy prepared, invoice issued or premium paid, a contract of insurance may still exist.

AustraliaInsurance

Leading Synthetics Pty Ltd v Adroit Insurance Group Pty Ltd & Anor [2011] VCS 467 (21 September 2011)

Introduction

In this case, the Supreme Court of Victoria determined that even where no written policy is prepared, no invoice issued and no premium is paid, a contract of insurance may still exist.

Background

Leading Synthetics Pty Ltd ('Leading Synthetics') supplied synthetic resins to customers on 60 day payment terms. Signum Synthetics ('Signum') was one such customer.

In late 2007, Leading Synthetics had growing concerns that a number of its customers, including Signum, may fall into arrears amidst the start of the global financial crisis. In an effort to reduce its credit risk exposure, Leading Synthetics instructed its insurance broker to obtain credit risk insurance.

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