Commonwealth Consolidated Acts

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INSURANCE CONTRACTS ACT 1984 - SECT 14

Parties not to rely on provisions except in the utmost good faith

             (1)  If reliance by a party to a contract of insurance on a provision of the contract would be to fail to act with the utmost good faith, the party may not rely on the provision.

             (2)  Subsection (1) does not limit the operation of section 13.

             (3)  In deciding whether reliance by an insurer on a provision of the contract of insurance would be to fail to act with the utmost good faith, the court shall have regard to any notification of the provision that was given to the insured, whether a notification of a kind mentioned in section 37 or otherwise.



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