From www.cbp.com.au: The Full Federal Court’s judgment in Allianz Australia Insurance Ltd v Uniting Church in Australia Property Trust determined the validity of a prior known circumstance exclusion in insurance policies and clarified that insurers cannot rely on such exclusions to deny cover for claims.
The Court ruled that the Uniting Church’s blanket notification was invalid due to the failure to notify relevant facts as soon as reasonably practicable, and that knowledge of the Knox Grammar School’s Headmaster was attributed to the Uniting Church regarding claims.
Given the impact of this decision, an appeal is considered likely.