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Published by Priya Paquet
Mar 22, 2021 in Insurance

ASIC obtains declaration that an insurer breached its duty of utmost good faith to an insured

The Federal Court of Australia has recently held that an insurer breached its duty of utmost good faith to an insured by avoiding a policy without affording the insured an opportunity to respond. This is the second occasion in recent months where ASIC has successfully brought an action for declaratory relief pursuant to s14A of the Insurance Contracts Act 1984 (ICA) in relation to an insurer's breach of s13 of the ICA. Author: Mark...
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