New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 6.3

6.3 Duty of claimants and insurers to act with good faith

(1) A claimant and an insurer each have a duty to act towards the other with good faith in connection with a claim.

(2) The duty of a claimant to act with good faith includes the following duties--

(a) a duty to act honestly and not mislead,

(b) a duty to disclose all relevant information (including reports by health professionals) in a timely manner,

(c) a duty to promptly do all things reasonably necessary to facilitate the resolution of any dispute involving the claim.

(3) The duty of an insurer to act with good faith includes the following duties--

(a) the duty to provide a claimant with information about entitlements to statutory benefits and damages,

(b) the duty to provide a claimant with all relevant information (including reports by health professionals) relied on to make a decision on a claim,

(c) the duty to provide written reasons for all decisions that materially affect a claimant's entitlement to statutory benefits or damages,

(d) the duty to advise a claimant of any right under this Act to review any such decision of the insurer,

(e) the duty to make prompt payment of statutory benefits and damages.

(4) It is a condition of an insurer's licence under this Act that the insurer must comply with a duty under this section.