An insurer’s pre-contractual duty of disclosure under the Marine Insurance Act 1909 (Cth)

The Marine Insurance Act provides that both parties to the contract owe each other a duty of utmost good faith. While it has been accepted by the courts that the duty is two way, the scope of the duty falling on the insurer remains undefined. This article explores why this is so, and concludes that the lack of an attractive remedy is the cause. It is necessary to reform the law to provide such a remedy, in order to correct the current ‘one way street’