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Monday, 7 May 1984
Page: 1689


Senator DURACK(10.20) —The effect of this amendment is simply to add another situation to those that are set out in clause 38, which states:

An insurer may not rely on a provision included in a contract . . . of a kind that is not usually included in contracts of insurance that provide similar insurance cover unless, before the loss occurred-

(a) the insurer gave . . . a statement in writing that set out all the provisions of the contract; or

(b) the insurer clearly informed the insured . . .

Or the contract was arranged by a broker acting as the agent of the insured. I think Senator Evans is concerned as to what would be the liability of the broker in those circumstances. I presume that was his question?


Senator Jack Evans —Whether both of them can avoid their obligations if that clause is inserted.


Senator DURACK —In that case, I think the broker would have liability if he gave those provisions or made negligent statements in relation to those conditions.

Amendment negatived.

Clause, as amended, agreed to.

Clause 39 (Interim contracts of insurance).


The CHAIRMAN —Senator Evans, I think it would be more convenient if you moved amendments 26 and 27 together and amendment 28 separately because there is an amendment to the Government's amendment 28.