INSURANCE CONTRACTS ACT 1984 - SECT 43 Arbitration provisions

INSURANCE CONTRACTS ACT 1984 - SECT 43

  (1)   Where a provision included in a contract of insurance has the effect of:

  (a)   requiring, authorizing or otherwise providing for differences or disputes in connection with the contract to be referred to arbitration; or

  (b)   limiting the rights otherwise conferred by the contract on the insured by reference to an agreement to submit a difference or dispute to arbitration;

the provision is void.

  (2)   Subsection   (1) does not affect an agreement to submit a dispute or difference to arbitration if the agreement was made after the dispute or difference arose.