ABSTRACT

This chapter examines the experience of insurers, insureds and representative groups in relation to the formation of consumer insurance contracts. In particular, issues arising out of disclosure of information, the obligation of insurers to inform insureds of their duty of disclosure, and the efficacy of the standard cover provisions under the Insurance Contracts Act 1984 (Australia) will be analysed. Through consideration of areas of conflict that arise frequently during the course of an insured/insurer relationship, operational issues relating to the formation of consumer insurance contracts can be addressed.