FAI General Insurance Company Limited v Australian Hospital Care Pty Ltd

[2001] HCA 38
Judgment date
Case number
B23/2000
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Insurance – Professional indemnity insurance - Claims made and notified policy - Term of policy deeming claim against insured made after expiry of period of cover to be covered by policy if, during period of cover, insured became aware of occurrence which gave rise to the claim and gave written notice to insurer - Claim by third party made after expiry of period of cover - Insured became aware of occurrence which gave rise to claim during period of cover but failed to notify insurer - Whether insurer entitled to refuse indemnity for failure to give notice - Whether s 54 of Insurance Contracts Act 1984 (Cth) applicable.

Insurance Contracts Act 1984 (Cth) – s 54.

Files
38.rtf (71.47 KB)
38.pdf (139.4 KB)