Extract the dates and amounts for interest on a delayed insurance payment
Key facts
- Human involvement
- GreenLawyer review
- How AI is used
- From the claim file, copy into a fixed table the amount the insurer paid or accepts it must pay, the date the claim was made, the date of any denial, the date payment was made or posted, and the amount paid. Do not choose the day from which withholding was unreasonable, and do not apply a rate or calculate a dollar sum of interest.
- What the lawyer must review
- The lawyer decides the interest. Section 57 makes an insurer who is liable to pay an amount under the contract or under the Act also liable for interest. The period starts on the day from which it was unreasonable for the insurer to have withheld payment, and ends on the day of payment or the day payment is posted, whichever is earlier. The rate is the rate prescribed by the regulations. Section 57 applies to the exclusion of any other law, including a State or Territory statute and a rule of common law or equity. AFCA says that where it awards this interest it generally uses the section 57 rate, worked out under section 57 and regulation 38 of the Insurance Contracts Regulations 2017, and that it usually runs interest from the date of the first denial, or earlier if there was a significant delay before that decision. The regulation text was not opened. The lawyer confirms the current regulation before stating a rate.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the claim file, copy into a fixed table the amount the insurer paid or accepts it must pay, the date the claim was made, the date of any denial, the date payment was made or posted, and the amount paid. Do not choose the day from which withholding was unreasonable, and do not apply a rate or calculate a dollar sum of interest. |
| Lawyer | The lawyer decides the interest. Section 57 makes an insurer who is liable to pay an amount under the contract or under the Act also liable for interest. The period starts on the day from which it was unreasonable for the insurer to have withheld payment, and ends on the day of payment or the day payment is posted, whichever is earlier. The rate is the rate prescribed by the regulations. Section 57 applies to the exclusion of any other law, including a State or Territory statute and a rule of common law or equity. AFCA says that where it awards this interest it generally uses the section 57 rate, worked out under section 57 and regulation 38 of the Insurance Contracts Regulations 2017, and that it usually runs interest from the date of the first denial, or earlier if there was a significant delay before that decision. The regulation text was not opened. The lawyer confirms the current regulation before stating a rate. |
Checklist
- Copy dates from the claim correspondence. Do not invent a denial date from a later email.
- Leave the unreasonable-withholding day blank. Section 57(2) makes that a judgement.
- Do not type a percentage. AFCA publishes rates and says they follow section 57 and regulation 38. Confirm the regulation.
- If the dispute is in AFCA, read AFCA's approach as well as section 57. AFCA's usual start date is not the statute.
Sources
- Insurance Contracts Act 1984 (Cth) section 57 · 2026-10-22
- AFCA: Application of interest · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.