Going Walkabout with Australian Insurance Law: The Australian Experience of Reforming Utmost Good Faith

摘要

England and Scotland are currently involved in an ambitious and ongoing process of reform of insurance law. About 30 years ago Australia underwent a similar process. This article takes the opportunity to throw a spotlight on the Australian reforms, particularly in relation to the obligation of utmost good faith owed by both parties. It provides a report card as to how the proposed reforms have played out in the courts, particularly in relation to late payment of claims, and fraud.