EMERGENCY MANAGEMENT ACT 2005 - SECT 84

EMERGENCY MANAGEMENT ACT 2005 - SECT 84

84 .         Extension of policy of insurance

        (1)         This section applies to a policy of insurance for damage to property if —

            (a)         damage is caused to the property because of the exercise of a power, or performance of a function, under this Act by a person, in good faith, in relation to an emergency; and

            (b)         the power is exercised, or the function is performed, for the purpose of protecting —

                  (i)         the property from damage; or

                  (ii)         a person or an animal from death or injury.

        (2)         For the purposes of the policy of insurance, the damage is, by the operation of this section, to be taken to be damage caused by the happening of an event for which the policy provides insurance cover.

        (3)         A term of a policy of insurance that purports to vary or exclude the operation of subsection (2) is void.

        [Section 84: modified by section 77X(1).]