The purpose of the assignment is for you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply your legal skills. It is important for you to think through how to structure and present arguments, and to discuss what the law is or should be in a particular area. This assessment task also gives you the opportunity to put the skills you have learned in tutorials into practice. The length of the assignment is to be 2000 words. Please provide a word count with the assignment. Do not include the references or bibliography in the word count. We recommend that you carefully read this information, making sure that when you write your assignment you answer the questions asked and address the criteria outlined in your course description. Most marks are given for analysis; very few marks are given for the mere stating of information. The greatest emphasis from this criterion in this assessment task is on the application of knowledge and the arguments presented to justify your position. Note the presentation requirements and the warning about plagiarism elsewhere the Course Description.
Topic: Complete both questions in this assignment. The first question requires you to read and analyse and respond to the question asked. The second question requires you to read, research and write an appropriate response to the question asked.
Tom has insurance cover over his architecturally designed house in the Qld Hinterland. As Tom is particularly sensitive to the risks of fire he decides to take out two separate policies of cover from two different insurers to fully protect his investment in the house. The policies provide cover against the risk of destruction by ‘fire or extreme weather event'. Tom fails to disclose either policy to the other insurer. Tom also fails to disclose to either insurer some construction engineering modifications to the house.
A freak storm destroys Tom's house within six (6) months of the commencement of the policies. Days before the storm Tom undertook extensive excavation works on his land that was directly adjacent to the house. This excavation work reflected Tom's very recent plan to construct a swimming pool next to his house. It was the coincidence of the excavation works and the storm that led to the destruction of the house.
Required:
1. Identify the legal issues arising. Where relevant you should justify and support your answers with reference to statute and/or case law.
2. Treat this question as separate from the above and answer this question as a research essay question. Explain the ‘duty of good faith' in the context of insurance law.