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Going walkabout with Australian insurance law: The Australian experience of reforming utmost good faith
Journal article   Peer reviewed

Going walkabout with Australian insurance law: The Australian experience of reforming utmost good faith

K. Lewins
Journal of Business Law, Vol.1, pp.1-22
2013

Abstract

England and Scotland are currently involved in an ambitious and ongoing process of reform of insurance law. About 30 years ago Australia underwent a similar process. This article takes the opportunity to throw a spotlight on the Australian reforms, particularly in relation to the obligation of utmost good faith owed by both parties. It provides a report card as to how the proposed reforms have played out in the courts, particularly in relation to late payment of claims, and fraud.

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