Disclosure: waiver, estoppel and utmost good faith

In Allianz Australia Insurance Ltd v Delor Vue Apartments CTS 39788 [2022] HCA 38 the High Court of Australia has given detailed consideration to the rules of waiver, estoppel and utmost good faith as they apply to a situation in which an insurer has a right to refuse to pay on the basis of non-disclosure but has stated its intention to honour the contract. The majority has taken a very narrow view of the circumstances in which an insurer will be bound by its statements.

Delor Vue: the facts