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
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.