NSWIn ForceAct
Home Building Act 1989
83Application of amendments to existing insurance policies
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#### 83 Application of amendments to existing insurance policies
83 Application of amendments to existing insurance policies
> > (1) Section 103BA (Limitations on policy coverage—claims made and notified policy) extends to—
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> > > (a) a contract of insurance entered into before the commencement of that section (despite any provision of the contract), and
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> > > (b) a claim under any such contract of insurance, and
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> > > (c) proceedings on such a claim (including proceedings commenced but not finally determined before the commencement of that section).
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> > (2) Despite subclause (1), section 103BA does not extend to or otherwise affect—
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> > > (a) a claim that was paid in full before the commencement of that section, or
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> > > (b) any agreement made before the commencement of that section to settle a claim, or
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> > > (c) a decision of an insurer made before the commencement of that section that cannot be the subject of appeal because of clause 65 of the [Home Building Regulation 2004](/view/html/repealed/current/sl-2004-0595), or
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> > > (d) the amount that a person is entitled to recover under a contract of insurance where that amount was paid before the commencement of that section under the indemnity provided by Division 2 (Insurance claims indemnified by State) of Part 6A of this Act, or
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> > > (e) any final determination of legal proceedings made by a court or tribunal before the commencement of that section.
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> > (3) This clause applies only to contracts of insurance entered into on or after 1 May 1997.