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ARTICLE · 09 APRIL 2009

“Named Insured” v “Interest Noted” In Construction Contracts – Is There A Difference?

In the construction industry, contractors are often requested to provide insurance cover for every interested party on the project.

AustraliaInsurance

In the construction industry, contractors are often requested to provide insurance cover for every interested party on the project.

There are differences between being a named insured compared with being merely noted as an interest on a policy. If a party is a named insured, it is known as a co-insured under the policy and it effectively has the same rights and obligations under the policy as the principal insured. In contrast, an interest noted might enjoy some benefits of being covered but not share all of the rights and obligations that a named insured would have. Both the named insured and an interest noted can make a claim on an insurance policy. Section 48 of the Insurance Contracts Act 1984 (Cth) (ICA) entitles an interest noted to make a claim on the policy for a loss where a party is specified as covered by the policy. However, s48 of the ICA does not go as far as making an interested party an insured under the policy.

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