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INSURANCE CONTRACTS ACT 1984 - SECT 28 General insurance

INSURANCE CONTRACTS ACT 1984 - SECT 28

General insurance

  (1)   This section applies if a relevant failure occurs in relation to a contract of general insurance, but does not apply if the insurer would have entered into the contract, for the same premium and on the same terms and conditions, even if the failure had not occurred.

  (2)   If the relevant failure was fraudulent, the insurer may avoid the contract.

  (3)   If the insurer is not entitled to avoid the contract or, being entitled to avoid the contract (whether under subsection   (2) or otherwise) has not done so, the liability of the insurer in respect of a claim is reduced to the amount that would place the insurer in a position in which the insurer would have been if the relevant failure had not occurred.