Insurance Law

Inadequate Disclosure Frees Insurance Company from Claim

Contact: Shannon O'Hara, Senior Associate and Nadia Stacey, Graduate Lawyer; Carter Newell (Queensland, Australia)

Michail v Australian Alliance Insurance Company Ltd [2014] 123 QCA

The failure of an insured to disclose an adverse traffic history to his insurer has resulted in the Queensland Court of Appeal recently upholding a primary judgment1 in favour of the insurer. The Court found the insurer’s guidelines confirmed it would not have entered into the contract of insurance had the insurer received notice of the insured’s adverse traffic history.

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