Case Note: The Lesser of Two Evils: FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd

  • Michele Muscillo

Abstract

The High Court in Australian Hospital Care v FAI has laid to rest any confusion which previously arose in relation to the application of s 54(1) of the Insurance Contracts Act (1984) Cth to "claims made and notified" policies of insurance. Contrary to previous authority, in the context of a failure by an insured to take advantage of a clause extending the scope of cover to future claims, the majority held that this was an omission to which s 54(1) would apply. In the course of the judgment, the majority rejected the previous "inaction/omission" dichotomy, there Honours rather preferring a test focussing on the character of the policy held by the insured.

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Published
Nov 1, 2001
How to Cite
MUSCILLO, Michele. Case Note: The Lesser of Two Evils: FAI General Insurance Co Ltd v Australian Hospital Care Pty Ltd. QUT Law Review, [S.l.], v. 1, n. 2, nov. 2001. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/78>. Date accessed: 28 sep. 2020. doi: https://doi.org/10.5204/qutlr.v1i2.78.
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Emerging Scholars' Section
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