Given a fire has destroyed Tony’s property on the 12th July, whether Tony can successfully claim on the Whitlam’s insurance policy put in place on the 7th July, requires a consideration of the insurance policies which may cover the premises at the time of the fire.
1. Menzies’ Policy
The late payment of premiums under the Menzies’ policy was a failure by Tony to comply with a term of the insurance contract, thereby entitling Menzies to terminate the contract under s61(d) of the Insurance Contracts Act 1984 (Cth) (ICA).
To terminate the contract Menzies needs to also comply with the cancellation procedure of s59 ICA which requires at least 3 business days’ written notice of cancellation. As 14 days’ written notice was given, this
…show more content…
2.1 Duty of Utmost Good Faith
On the facts presented, given the absence of fraudulent, dishonest or unreasonable conduct by Tony, it is hard to see how it could be argued that he has breached his duty of utmost good faith as that provision applies in the pre-contractual setting per s13 ICA, in a manner other than breaching his duty of disclosure discussed below. Accordingly should Tony be in breach of his duty of disclosure he will likely to have breached his duty of utmost good faith as well.
2.2 Duty of Disclosure
An applicant for insurance has a pre-contractual general duty of disclosure under s21(1) ICA, which requires them to disclose all matters known to them which either:
a) they know to be relevant to the risk to be insured against; or
b) a reasonable person in the circumstances would otherwise know would be relevant.
Whitlams has an obligation under s22 ICA to clearly inform Tony of the nature and effect of this duty of disclosure in writing prior to the contract of insurance being entered into. On the facts presented Whitlams have done this with the requisite clarity: with headings appearing in upper case so as to draw attention to them; the content summarising the relevant statutory provisions including consequences of failure to comply; and otherwise contained as part of the
Never discuss or disclose information about the company to others except on a “need to know” or “need to use” basis.
Mr Grant and Mr Bragg, who owns 50 % each of the share in a company called “Premier Resorts Limited”, wanted to make a contract to sell 50 % shareholding of Mr Grant to Mr Bragg at price of £346,760. Mr Christopher Jenkins who is a charted company secretary acted as an agent to facilitate the contract by drafting agreement letter. There were several tensions between them as a result there were several negotiations regarding the contract through e-mails and telephonic conversations between Mr Jenkins and Mr Grant. The first e-mail was sent by Jenkins to Grant, to make an offer that Bragg is ready to buy Grant’s shares based on terms drafted by “Dixon Ward wording”. On the same day at afternoon Jenkins and Grant had telephonic conversation, where Grant said that he would make contract only if Bragg is ready to show his future plans of the company and after making sure that the instalments will be made properly without fail. In the second e-mail Jenkins informed Grant that it is not possible to reveal the future plans of the company and asked Grant to confirm or edit the memo. Mr Grant replies in third e-mail, that he is no more interested in knowing future plans and Bragg is committed to buy my share, hence he must pay. Jenkins replied in fourth e-mail
Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.
Hocker and CIC mutually entered a contract which is valid and continued to be effective with responsibility and benefit. Each party voluntarily executed the contract and committed to it. CIC has never denied the validity of the executed contract and CIC has never substantiated any failure or noncompliance on Mr. Hocker’s part. On the other side, Mr. Hocker had put all his trust in CIC, fulfilled his contractual duty, paying all premium timely and complied with all terms and condition of the policy holder. Ultimately, Mr. Hocker purchased insurance from CIC with only reason-to buy peace of mind.
Isago claimed that he was not aware of any unreported incidents that have created a workplace hazard for Mr. Codd to either slip or to fall throughout his employment with the insured. He claimed that if there was an incident involving a slip and fall or Mr. Codd either cutting himself or being burned while cooking at the stove, that Mr. Codd was well-informed that he would have to report any known injuries; no matter how slight within a 24 hour period to him or the two owners. He claimed that if Mr. Codd has sustained any known injury or illness, which the company would offer immediate medical attention for Mr. Codd that would be authorized through Mrs. Kim. As far back as he could think when Mr. Codd was hired, he was not aware of any incidents involving the slip and fall which occurred either at work or away from work, where Mr. Codd had sustained an injury to his back to any of his limbs on his body. Furthermore, he was not aware of any automobile accidents or sports-related accidents, involving Mr. Codd’s alleged claim of injuries, which Mr. Codd and his attorneys are
In an effort to guard against, Bad Faith litigation, Kinsale has instructed their claim staff, to refrain from documenting their claim files with any type of claims analysis. Kinsale is of the opinion; Bad Faith litigation is occurring with greater frequency against insurers. Consequently, insurers are under a constant threat by the plaintiff’s bar, looking to expose carriers to liability, by identifying any missteps in their claims handling processes. Therefore, as a protective measure, Kinsale restricts their claim staff from posting any type of claim analysis and-or opinions based statements in their claim files, avoiding the litigation discovery pitfalls of misinterpreting the claim staff’s written communications. Conversely, the lack of
David Smith referred 10 clients to insurance company without asking his clients an authorisation. He breached Section 140.7 (a) “Disclosure is permitted by law and is authorised by the client or the employer” thus he had no right to give insurance company this information.
Privacy Laws are highly monitored and controlled with guiding principles in privacy legislation that apply to all insurance professionals, Collecting information is limited for the purposes that the company outlines for legislation purposes. This would include any information collected above and beyond the responsible limit whether it is Human Resources need to access confidential employee information or the broker department to obtain the client’s written consent to use their information for the stated purpose and ensure the customer they will only use the info for which they have permission.
To that end, we confirm that an insurer’s obligations to its insured are those imposed by the express terms of the Insurance Act, including the reasonable and necessary SABS consumer protection legislation, plus an implied obligation
or to legal guardian and he must limit the third party disclosure to general medical
This case between Fiona 's company Film Fun and Goliath plc concerns exemption clauses and whether Film Fun plc, as the injured party, can seek legal relief against Goliath plc. Protection from such unfair terms is offered by the common law, most noticeably the Unfair Contract Terms Act (UCTA) 1977 and Unfair Terms in Consumer Contract Regulations (UTCCR) 1999. Many factors surrounding the clause are to be considered such as its incorporation and construction into the contract as well as legislation. As no statement of opinion was made to induce Fiona to agree to the contract, Goliath plc is not liable for any form of misrepresentation , however it is likely she can use breach of confidence as her course of action.
No application was made to him, his conviction was years ago and he had no question that would indicate him that it would undermine his insurance. If he had known there was a possibility the insurance would have been retracted because of his conviction, he would not have spent the money for the insurance as he was already reluctant to buy the insurance in the first place. The company sought no extra information from the defendant and therefore deemed it not necessary and continued to deliver the goods, it was impossible to allow time for Mick to receive a proposal form and therefore the company displayed themselves as “to be prepared to underwrite the risk without full disclosure, they cannot later avoid the contract and repudiate liability on the ground of
Mr. Grant, unfortunately, fell ill with cancer for more than six consecutive months, allowing Mr. Bragg to trigger the buyout clause. Mr. Bragg’s solicitors, Dixon Ward, drafted a contract,
| * David should not disclose confidential information outside the firm. * If he seeks advice from his friend Peter, he will breach S140.1 & S140.5. * Peter can trade this information to benefit him – affecting MAL.
This case is based on the tort of negligence as the appellant feels that the respondent has not fulfilled the criteria for duty of care. As stated in the Civil Liability Act 2002(Cth) to determine if a person is not negligent it must be known if the risk was foreseeable and if the risk was not insignificant. If those two conditions were met in those circumstances, what precautions a reasonable person would have taken need to be considered and whether or not the respondent failed to do so.