Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Zurich Australia Limited (No 2) [2023] FCA 1641 File number(s): NSD 1052 of 2022
Judgment of: JACKMAN J
Date of judgment: 21 December 2023
Catchwords: INSURANCE – whether insurer breached the duty of utmost good faith under s 13 of the Insurance Contracts Act 1984 (Cth) – where the insured's income protection policy was avoided for fraudulent non-disclosure of health issues – where the insured was provided with an opportunity to address the insurer's concerns – whether the insurer was required to make further enquiries – whether the insurer was required to notify the insured of its concerns of fraud – whether the insurer was required to inform the insured of avenues of dispute or appeal – no contraventions established
Legislation: Corporations Act 2001 (Cth) ss 1101AC, 1101AF, 1101B Insurance Contracts Act 1984 (Cth) ss 13, 29, 75A, 75B Life Insurance Act 1995 (Cth) s 195 Federal Court Rules 2011 (Cth) r 30.01
Cases cited: Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788 [2022] HCA 38; (2022) 97 ALJR 1 Australian Securities and Investments Commission v TAL Life Limited (No 2) [2021] FCA 193; (2021) 389 ALR 128 Australian Securities and Investments Commission v Zurich Australia Limited [2023] FCA 712 Beverley v Tyndall Life Insurance [1999] WASCA 198; (1999) 21 WAR 327 Briginshaw v Briginshaw (1938) 60 CLR 336 Carroll v United Super Pty Ltd [2018] NSWSC 403 CGU Insurance Limited v AMP Financial Planning Pty Ltd [2007] HCA 36; (2007) 235 CLR 1 Finch v Telstra Super Pty Ltd [2010] HCA 36; (2010) 242 CLR 254 Folmer v VicSuper Pty Ltd [2018] NSWSC 1503 Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 International Harvester Company of Australia Pty Ltd v Carrigan's Hazeldene Pastoral Company (1958) 100 CLR 644 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Pape v Federal Commissioner of Taxation [2009] HCA 23; (2009) 238 CLR 1 Re OnePath Life Limited (No 2) [2022] FCA 811 Rejfek v McElroy [1965] HCA 46; (1965) 112 CLR 517 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359 Sibbles v Highfern Pty Ltd (1987) 164 CLR 214
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