New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 103BB

103BB Time limits for policies issued from 1.7.2002

(1) A contract of insurance under this Part entered into on or after 1 July 2002 provides insurance cover in respect of loss only if a claim in respect of the loss is made to the insurer during the period of insurance.

Note--: Subsection (1) is the general rule but there are exceptions to this general rule, as provided by this section.

(2) A loss that becomes apparent in the last 6 months of the period of insurance has an
"extended claim period" , which permits a claim in respect of the loss to be made within 6 months after the loss becomes apparent.

(2A) Despite subsection (2), there is no extended claim period for loss that--

(a) arises from non-completion of work, or

(b) arises from a breach of a statutory warranty that is insured by a construction period insurance contract.

(3) When a loss becomes apparent during the period of insurance but a claim cannot be made during that period because an insured event has not occurred, a claim can be made after the period of insurance (as a
"delayed claim" ) but only if--

(a) the loss was properly notified to the insurer during the period of insurance (or within 6 months after the loss became apparent in the case of a loss that became apparent in the last 6 months of the period of insurance), and

(b) the beneficiary under the contract of insurance making the claim diligently pursued the enforcement of the statutory warranty concerned after the loss became apparent.

(4) A delayed claim can also be made when the insured event occurs in the last 6 months of the period of insurance (as if the insured event did not occur until after the period of insurance) subject to compliance with the other requirements of this section for a delayed claim.

(6) The regulations can make provision for or with respect to what constitutes or does not constitute diligent pursuit of the enforcement of a statutory warranty for the purposes of this section.

(7) A loss is
"properly notified" to an insurer only if the insurer has been given notice in writing of the loss and the notice provides such information as may be reasonably necessary to put the insurer on notice as to the nature and circumstances of the loss. The regulations can make provision for or with respect to the form and content of such a notice.