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CHAPTER 10 Stress testing the regimes for insurance warranties in Australia, New Zealand and the UK

Law of Insurance Warranties, The


Page 159

CHAPTER 10

Stress testing the regimes for insurance warranties in Australia, New Zealand and the UK

Stress testing the Australian regime with the facts of historic cases from other jurisdictions

10.1 This volume has already critically examined a number of cases where s54 has been applied. As we have seen,1 the Australian regime comprises a dual track approach made up of (i) s54 of the Insurance Contracts Act, covering, for the purposes of this text, non-marine commercial insurance and (ii) the Marine Insurance Act 1909. In this chapter it will be assumed that the dual track approach has been retained and that the Marine Insurance Act has been amended in line with the recommendations of ALRC 91.2 However the likely outcome under the status quo (where the recommendations of ALRC 91 have yet to be implemented) will also be reviewed. ALRC 91 of course has no relevance in non-marine cases.

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