The extent of the insured’s duty of disclosure : a comparative analysis of the disclosure obligations of insured in Australia, Singapore and China

Song, Wei (2012) The extent of the insured’s duty of disclosure : a comparative analysis of the disclosure obligations of insured in Australia, Singapore and China. Masters by Research thesis, Queensland University of Technology.

Abstract

Pre-contractual material disclosure and representation from an insurance policy proposer is the most important element for insurers to make a decision on whether a proposer is insurable and what are the terms and conditions if the proposal by the proposer is able to be insured.

The issue this thesis researches and investigates focus on the issues related to the pre-contractual non-disclosures and misrepresentations of an insured under the principle of utmost good faith, by operation of laws, can achieve with different results in different jurisdiction. A similar disputed claim involving material non-disclosed personal information or misrepresentation at the pre-contractual stage from an insured with respect to both general and life insurance policies settled by an insurer in Australia could be that the policy is set aside ab initio by the insurers in Singapore or China.

The jurisdictions this thesis examines are

• Australia; • Singapore; and • China including Hong Kong.

Impact and interest:

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ID Code: 54638
Item Type: QUT Thesis (Masters by Research)
Supervisor: Duncan, Bill
Keywords: acts, dispute, common law, claims, court, duty of disclosure, fraud, general insurance, jurisdiction, judges, insurance policy, insurance contracts, insurer, insured, law reform commission, legislation, life insurance, non-disclosure, misrepresentation, misleading, obligations, regulators, utmost good faith, Australia, Singapore, People’s Republic of China, Hong Kong
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Institution: Queensland University of Technology
Deposited On: 06 Nov 2012 03:58
Last Modified: 22 Mar 2016 05:23

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