Important information
›Duty of Disclosure
Before you enter into a contract of general insurance with an insurer, you have a duty, under the Insurance Contracts Act 1984 (Cth), to disclose to the insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer's decision whether to accept the risk and, if so, on what terms. You have the same duty before you renew, extend, vary or reinstate a contract of general insurance.
Your duty, however, does not require disclosure of a matter that:
- Diminishes the risk.
- Is common knowledge.
- Is known, or ought reasonably be known, by the insurer in the ordinary course of business.
- Is a matter for which compliance with the duty of disclosure has been waived by the insurer.
›Non-disclosure
If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability in respect of a claim or cancel the contract. If the non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from its beginning.
›Claims Made Insurance
This means that the policy covers you for any claims made against you and notified to the insurer during the policy period or any applicable reporting period.
The policy does not provide cover in relation to:
- Any claim made, threatened or intimated against you prior to the commencement of the policy period.
- Any claim or fact that might give rise to a claim, reported or which can be reported to an insurer under any insurance policy entered into before the commencement of the policy period.
- Any claim or fact that might give rise to a claim, noted in this proposal or any previous proposal.
- Any claim arising out of any fact you are aware of before the commencement of the policy period.
- Any claim made against you after the expiry of the policy period.
However, the effect of Section 40(3) of the Insurance Contracts Act 1984 (Cth) is that where you become aware, and notify us in writing as soon as is reasonably practicable after first becoming aware but within the policy period, of any facts which might give rise to a claim against you, any claim which does arise out of such facts shall be deemed to have been made during the policy period, notwithstanding that the claim was made against you after the expiry of the policy period.
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