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Proportionate Liability
16 April 2013
It is now common practice for many contracts and tender documents to include a requirement that the provisions of the Civil Liability Act 2002 (WA) be excluded.
Unfortunately many insurance policies include a Contractual Liability Exclusion, which in laymans terms means if you sign a contract that broadens or alters your common law position, then the insurer may have the ability to deny a claim or avoid liability.
Signing contracts and agreeing to the exclusion of the provisions of the Civil Liability Act, or reverting from Proportionate Liability to the older Joint and Several Liability is likely to void an insurance policy unless the policy has been specifically amended to provide the cover.
We recommend that all contracts and tenders are reviewed prior to signing the documents to ensure you do not prejudice your insurance policies.
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