Victorian Consolidated Legislation

Instruments Act 1958 - SECT 27

Maintenance of proceedings under insurance contracts

27. Maintenance of proceedings under insurance contracts

If by reason of accident mistake or other reasonable cause any insured fails
to give any notice or make any claim in the manner and within the time
required by the contract of insurance such failure shall not be a bar to the
maintenance of any proceedings (whether legal proceedings or arbitration
proceedings) upon the contract by the insured unless the court or the
arbitrator or umpire (as the case may be) considers that the insurer has been
so prejudiced by such failure that it would be inequitable if such failure
were not a bar to the maintenance of such proceedings.