Switzer: Stealth Enterprises Pty. Ltd (t/as The Gentlemens Club) -v- Calliden Insurance Ltd: sections 21 and 28(Duty of Discloure) Insurance Contracts Act 1984 (Cth)

William Roberts Lawyers' Principal, Robert Ishak appeared on Switzer Daily this week discussing sections 21 and 28(the Duty of Disclosure) of the Insurance Contracts Act 1984 (Cth).

The case discussed was Stealth Enterprises Pty. Ltd. -v- Calliden Insurance Ltd., a fire damage insurance claim dispute where the directors of Stealth Enterprises breached the terms of their policy, by not disclosing their association with a bikie club. Calliden claimed that had they known about Stealth's association with the bikie club, they would not have offered Stealth Enterprises insurance and were therefore not obligated to honour the claim. The Supreme Court of NSW upheld the insurer's defence.