INSURANCE – where claim made under Residential Strata Insurance Policy following tropical cyclone – whether insured made innocent non-disclosure – whether insured made misrepresentation – whether insurer entitled to reduce its liability to nil where insured failed to comply with duty of disclosure – whether insurer would have issued policy if non-disclosure had not occurred – confirmation of cover by insurer despite non-disclosure – subsequent denial of liability by insurer – whether election, waiver or breach of the duty of the utmost good faith – whether insurer estopped from relying on s 28(3) – Insurance Contracts Act 1984 (Cth) ss 13, 21, 28
Legislation:
Insurance Contracts Act 1984 (Cth) ss 13, 21, 28
Body Corporate and Community Management (Accommodation Module) Regulation 2008 (Qld) s 112
Body Corporate and Community Management Act 1997 (Qld) s 15

Delor Vue Apartments CTS 39788 v Allianz Australia Insurance Ltd (No 2) – [2020] FCA 588