Caselaw Review: Tilby v Perfect Pizza - Deferred After Event Insurance policy is not subject to CCA
Held: ATE insurance was an entirely new product and there was no established normal business practice. Payment of the premium only fell due at the end of the case. The After the Event insurance policy was still in force (i.e. the case was still not at an end, because the proceedings were not concluded until costs were assessed). A premium is not deferred unless the payment is not required for a significant period beyond the end of the case. The ATE Insurance policy was not therefore caught by the provisions of the Act and no consumer credit agreement was required. The After the Event Insurance premium was accordingly recoverable.
Box Legal Limited: After the Event Insurance Providers
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