Commonwealth Consolidated Acts

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INSURANCE CONTRACTS ACT 1984 - SECT 60

Cancellation of contracts of general insurance

  (1)   Where, in relation to a contract of general insurance:

  (a)   a person who is or was at any time the insured failed to comply with the duty of the utmost good faith; or

  (b)   there was a relevant failure; or

  (d)   a person who is or was at any time the insured failed to comply with a provision of the contract, including a provision with respect to payment of the premium; or

  (e)   the insured has made a fraudulent claim under the contract or under some other contract of insurance (whether with the insurer concerned or with some other insurer) that provides insurance cover during any part of the period during which the first - mentioned contract provides insurance cover;

the insurer may cancel the contract.

  (2)   Where:

  (a)   a contract of general insurance includes a provision that requires the insured to notify the insurer of a specified act or omission of the insured; or

  (b)   the effect of the contract is to authorize the insurer to refuse to pay a claim, either in whole or in part, by reason of an act or omission of the insured or of some other person;

and, after the contract was entered into, such an act or omission has occurred, the insurer may cancel the contract.

  (3)   A reference in subsection   (2) to an act or omission of the insured includes a reference to an act or omission of the insured that has the effect of altering the state or condition of the subject - matter of the contract or of allowing the state or condition of that subject - matter to alter.

  (4)   Where a contract of insurance is:

  (a)   a contract that is in force by virtue of section   58; or

  (b)   an interim contract of general insurance;

the insurer may at any time cancel the contract.


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