Allianz Australia Insurance Ltd v Haddad

In *Allianz Australia Insurance Ltd v Haddad*, the New South Wales Court of Appeal considered a dispute concerning the renewal of an annual home insurance policy. The insured, Mr. Haddad, alleged that Allianz engaged in misleading or deceptive conduct by failing to invite renewal of his policy or to indicate that renewal would not be invited, particularly in circumstances where Allianz was separately dealing with him regarding a claim under an earlier policy. Mr. Haddad contended that this conduct led him to reasonably expect that his policy had been renewed or extended. The appeal concerned the application of provisions of the Australian Consumer Law and the *Insurance Contracts Act 1984* (Cth).

The Court of Appeal was required to determine whether Allianz's conduct, specifically its omission to invite renewal or notify of non-renewal, constituted misleading or deceptive conduct under the Australian Consumer Law. A further issue was whether Allianz's failure to give notice of the expiry of insurance cover under section 58 of the *Insurance Contracts Act 1984* (Cth) created a statutory policy, and if so, the nature of that statutory policy. The court also considered whether the primary judge erred in finding that Allianz had breached the 2008-2009 policy.

The Court of Appeal allowed the appeal, setting aside the judgment of the District Court and entering judgment for Allianz. The court reasoned that Allianz's conduct did not amount to misleading or deceptive conduct. It was held that there was no obligation on Allianz to invite renewal of the policy, nor was there a requirement to notify Mr. Haddad that renewal would not be invited, especially given the ongoing claim under a separate policy. The court found that the circumstances did not give rise to a reasonable expectation that the policy had been renewed or extended. Consequently, the amended cross-appeal was dismissed, and Mr. Haddad was ordered to pay Allianz's costs in both the District Court and the appeal proceedings.