The Insured’s way or the highway – Section 54 strikes againAuthor : Belinda Henningham, Partner, Jennifer Jones, Senior Associate, Jacqueline Rennie, Solicitor

General Insurance

Section 54 of the Insurance Contracts Act 1984 provides relief to insureds whose acts or omissions would otherwise entitle an insurer to refuse to pay a claim. The decision of Highway Hauliers Pty Ltd v Maxwell offers some guidance in determining when section 54 will apply.