Sections 40(3) and 54(1) of the Insurance Contracts Act 1984 (Cth) cannot be combined to transform a claims-made policy into a discovery policy. Where no written notice of facts that might give rise to a claim is given to the insurer before the policy expires, s 40(3) does not operate, and s 54(1) cannot cure the absence of a claim within the policy period because that is a restriction inherent in the claim, not an act or omission of the insured.
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