Build a non-disclosure or misrepresentation table under the Insurance Contracts Act

Key facts

Human involvement
YellowClose supervision
How AI is used
Compare the application answers with later facts on the claim file and table possible non-disclosure or misrepresentation issues under the ICA, with document cites.
What the lawyer must review
  • Apply s.20B for consumer contracts from 5 October 2021: reasonable care not to make a misrepresentation
  • Check the contract is a consumer contract (personal, domestic or household, including many life and general products)
  • Remember the onus is on the insurer to ask
  • Apply the different remedies for fraudulent and innocent cases (ss.28–29)
  • Decide 'reasonable care' yourself; it is a mixed question of law and fact
  • Apply the pre-reform duty of disclosure to commercial contracts; confirm the contract type every time
Written for / version
Commonwealth versionCth

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

Who does what

Who does what
RoleWhat they do
AssistancePotential support includes identifying points for review. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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