Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 48

             (1)  Where a person who is not a party to a contract of general insurance is specified or referred to in the contract, whether by name or otherwise, as a person to whom the insurance cover provided by the contract extends, that person has a right to recover the amount of the person's loss from the insurer in accordance with the contract notwithstanding that the person is not a party to the contract.

             (2)  Subject to the contract, a person who has such a right:

                     (a)  has, in relation to the person's claim, the same obligations to the insurer as the person would have if the person were the insured; and

                     (b)  may discharge the insured's obligations in relation to the loss.

             (3)  The insurer has the same defences to an action under this section as the insurer would have in an action by the insured.