The contract of insurance comes into being only when consensus is reached.
2.
Although limited in duration, interim insurance is nothing less than a fully-fledged contract of insurance.
3.
Indeed, a warranty if not strictly complied with will automatically discharge the insurer from further liability under the contract of insurance.
4.
In addition, section 48 of the Insurance Contracts Act 1984 ( Cth ) allows third-party beneficiaries to enforce contracts of insurance.
5.
His judgment in " Carter v Boehm " was an application of his general principle to the making of a contract of insurance.
6.
If they do not reach specific agreement, there can be no contract of insurance ( although another type of contract may come into existence ).
7.
The duty of disclosure relates to material facts, of which parties had actual or constructive knowledge prior to the conclusion of the contract of insurance.
8.
The FSA has expressed the view that an arrangement to deal with costs where a transaction is aborted is unlikely to be a contract of insurance.
9.
Whether a document recording the terms of an interim contract of insurance may be regarded as the exclusive memorial of such a contract depends on the intention of the parties.
10.
Contractual waivers of this kind are not considered as contracts of insurance because the hirer's payment is essentially made to alter the relationship between the two contracting parties.
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