Mann's annotated insurance contracts act / by Peter Mann and Stanley Drummond.

Pyrmont, N.S.W. : Lawbook Co., 2025.

9th edition

202112

Australia. -- Insurance Contracts Act 1984.

Insurance law -- Australia.

Insurance policies -- Australia.

Insurance Contracts Act 1984 (Cth)

Part I. Preliminary

Part IA. Administration

Part II. The duty of the utmost good faith

Part III. Insurable interests

Part IV. Disclosures and misrepresentations

Part V. The contract

Part VI. Claims

Part VII. Expiration, renewal and cancellation

Part VIII. Subrogation

Part IX. Information, notices and reasons

Part IXA. Enforcement

Part X. Miscellaneous

Insurance Contracts Regulations 2017 (Cth)

Part 1. Preliminary

Part 2. Disclosures and misrepresentations

Part 3. The contract

Part 4. Claims

Part 4A. Miscellaneous

Part 5. Transitional matters

Schedule 1. Writing to inform of duty of disclosure

Schedule 2. Writing to inform persons to be insured by others (other than under a consumer insurance contract)

Schedule 3. Writing to remind of duty of disclosure

Schedule 4. Words to inform of duty of disclosure for eligible contracts of insurance [Repealed]

Schedule 5. Key facts sheets

Corporations Act 2001 (Cth) - (Efficiently, honestly and fairly)

Section 912A

Australian Securities and investments commission Act 2001 (Cth) - (Unfair contract terms)

Section 12BF-12BM.

Mann's Annotated Insurance Contracts Act, 9th edition provides the full text of the Insurance Contracts Act 1984 (Cth) accompanied by clear, concise and wide-ranging annotations helpfully explaining the operation of the Act. Given the numerous rounds of changes to the Insurance Contracts Act , this book includes historical forms of a number of key sections, including section 21 "The insured's duty of disclosure" and sections 28 and 29 which specify an insurer's remedies for failure to take reasonable care not to make a misrepresentation, or non-disclosure or misrepresentation (as applicable). This book also contains commentary on the obligation of an Australian financial services licensee to do all things necessary to ensure that the financial services covered by the licence are provided "efficiently, honestly and fairly", under section 912A(1)(a) of the Corporations Act 2001 (Cth), in so far as this obligation applies to, or is relevant to, insurance contracts. The obligation is relevant to Australian insurers, as they are generally required to hold an Australian financial services licence. Since 13 March 2019 a contravention has carried a maximum penalty, subject to turnover, of 2.5 million penalty units. There is a very large overlap between an insurer's duty of utmost good faith and its obligation to provide the financial services efficiently, honestly and fairly. Prima facie, a failure by an insurer to act with the utmost good faith is also a failure to provide the financial services efficiently, honestly and fairly, which may attract a substantial penalty. For the first time, this edition also contains commentary on the unfair contact terms regime in Subdiv BA of Div 2 of Pt 2 of the of the Australian Securities and Investments Commission Act 2001 (Cth) in so far as it applies to, or is relevant to, insurance contracts. Since 9 November 2023 this regime has included civil penalty provisions. The Court also has power to vary the insurance contact. Mann's 9th edition is an essential publication for all insurance lawyers, insurance professionals including underwriters, claims managers, insurance brokers, loss adjusters, academics and students. The title provides a practical guide to the Insurance Contracts Act and related legislation with annotations. This book also contains an insurance annotation of both the requirement for insurers to act "efficiently, honestly and fairly" pursuant to s 912A(1)(a) of the Corporations Act 2001 (Cth) and the unfair contract terms regime in ss 12BF – 12BM of Division 2 of Part 2 of the Australian Securities and Investments Commission Act 2001 (Cth). - Publisher's website.

Previous edition 2022.

Includes bibliographical references and index.

9780455503332

xxxiv, 1083 pages ; 25 cm