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INSURANCE CONTRACTS ACT 1984 - SECT 57 Interest on claims

INSURANCE CONTRACTS ACT 1984 - SECT 57

Interest on claims

  (1)   Where an insurer is liable to pay to a person an amount under a contract of insurance or under this Act in relation to a contract of insurance, the insurer is also liable to pay interest on the amount to that person in accordance with this section.

  (2)   The period in respect of which interest is payable is the period commencing on the day as from which it was unreasonable for the insurer to have withheld payment of the amount and ending on whichever is the earlier of the following days:

  (a)   the day on which the payment is made;

  (b)   the day on which the payment is sent by post to the person to whom it is payable.

  (3)   The rate at which interest is payable in respect of a day included in the period referred to in subsection   (2) is the rate applicable in respect of that day that is prescribed by, or worked out in a manner prescribed by, the regulations.

  (4)   This section applies to the exclusion of any other law that would otherwise apply.

  (5)   In subsection   (4):

"law" means:

  (a)   a statutory law of the Commonwealth, a State or a Territory; or

  (b)   a rule of common law or equity.