In the context of insurance contracts governed by the Insurance Contracts Act 1984 (Cth), there is no concurrent tortious duty of good faith owed by an insurer to its insured. The contractual duty implied by s 13 provides the exclusive basis for a claim for damages for breach of the duty of good faith, and exemplary damages are not available through a tort claim. A claim for contractual damages for breach of the s 13 implied term will be struck out as unnecessary where it adds nothing to the plaintiff's entitlement to policy benefits and statutory interest under s 57.
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