Identify who can claim on a general insurance policy as a third party beneficiary
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the policy wording and schedule, list every person, class or description, other than the named insured, that the policy specifies or refers to as someone for whose benefit cover extends. Quote the clause. Do not decide that a person can recover.
- What the lawyer must review
- The lawyer decides who is a third party beneficiary and what they can recover. Section 48(1) gives a third party beneficiary under a contract of general insurance a right to recover from the insurer, in accordance with the contract, the amount of any loss that person suffered, even though they are not a party. Subject to the contract, section 48(2) gives that person, for their claim, the same obligations to the insurer as if they were the insured, and allows them to discharge the insured's obligations in relation to the loss. Section 48(3) gives the insurer the same defences as in an action by the insured, including defences relating to the insured's conduct before or after the contract. The section opened is headed as applying to contracts of general insurance. The lawyer does not apply it to a life policy without checking the life-insurance provision.
- 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 policy wording and schedule, list every person, class or description, other than the named insured, that the policy specifies or refers to as someone for whose benefit cover extends. Quote the clause. Do not decide that a person can recover. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Quote the clause that specifies or refers to the person. A commercial interest in the property is not itself enough.
- Read section 48(2) obligations back onto that claimant before advising them they can claim without the insured's cooperation.
- List the defences the insurer would have had against the named insured, including pre-contract conduct. Section 48(3) keeps them.
- Do not use section 48 for a life policy. The opened section is the general-insurance provision.
Sources
- Insurance Contracts Act 1984 (Cth) section 48 · 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.