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Published by Yasmin Bell
Jul 12, 2021 in Construction

The Wolf of Newcastle – Fraudulent Investments and s 40(3) of the Insurance Contracts Act

The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the purpose of s40(3) of the Insurance Contracts Act 1984 (ICA). The court also considered whether the non-disclosure and misrepresentation made by the insured would be sufficient to allow insurers to...
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