What makes an insurance contract?

In The Owners – Units Plan No. 3115 v The Trustees of the Master Builders Fidelity Fund Scheme [2019] FCA 115, the Federal Court (Griffth J) considered, inter alia, whether fidelity certificates issued under a fidelity scheme approved pursuant to the Building Act 2004 (ACT) are contracts of insurance for the purposes of the Insurance Contracts Act 1984 (Cth). It concluded they were not, even though they covered the same risks as those covered under a residential building work insurance policy. Claims upon the fidelity scheme were not brought within the time prescribed by the scheme and the Applicant attempted …

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