Peter Hardham LL.B

1

• Peter Hardham LL.B
• Panel Chair

2
It is the mark of the educated man to seek
precision just so far as the nature of the
subject admits.
3
Precision Consistency
Educative toolSmall number of
decision-makersNo right of appealAllegations
of inconsistency500 reward!
4
Improvement in insurer decision-making
Internal IDR processDetailed reasons we have
carefully considered your claim decided not to
pay itGreater transparencyFewer
complaints.
5
Standards
Quality of decision-makingUtmost good
faithPolicy (?failure).
6
Determination 23108
The multi-faceted problems of domestic
arsonKeeping the home fires burning.
7
In the Panels opinion, leaving aside
considerations of utmost good faith, an insurance
company has social responsibilities to a
policyholder in dealing with a claim.
8
Legal costs- in exceptional circumstances?What
do you think?
9
Utmost good faithScrupulous fairness
honesty.
10
Policy Failure
A document which has the potential to jettison us
into financial purgatory.
11
Standards of Policy Communication
Insurance Contracts Regulations standard
coverclearly inform Ss 35 37 Insurance
Contracts Act (1984) Clear, concise
effective Corporations Act
12
Standards of Policy Communicationcontd
Case lawPrevious DeterminationsGood ideas
everything in the one place!
13
Policy Drafting Essentials
IndexExclusions in the one placeExclusions to
be called exclusionsCross-referencing
artificial definitionsDifferent documents to
speak to one anotherAvoid small print.
14

• Peter Hardham LL.B
• Panel Chair