It is important you understand that we rely on the accuracy and completeness of the information you provide to us.
We do not independently verify the information you provide before sending it to the insurer.
Keeping your information up to date
Once your insurance cover has commenced, you should tell your broker about any changes to your circumstances when they occur. This will allow us to see that your cover remains appropriate.
Duty not to misrepresent
There are specific duties that apply to you when you enter into, vary or extend a consumer contract which is obtained wholly or predominantly for your personal, domestic or household purposes, eg domestic car, house, travel or accident & illness insurance.
You have a duty to take reasonable care not to make a misrepresentation to the insurer when answering questions that the insurer will ask you and providing the insurer with information. Before you enter into, vary or extend a consumer insurance contract, the insurer will ask you questions that are relevant to the insurer’s decision to insure you and on what terms.
You must take reasonable care not to make a misrepresentation to the insurer when answering those questions. A misrepresentation includes a statement that is in any way false, misleading, dishonest or which does not fairly reflect the truth. It is important that you answer these questions fully and accurately, to the best of your knowledge.
When answering the insurer’s questions:
Take reasonable care to make sure your answers are true, honest, up to date and complete in all respects. You breach the duty if you answer without any care as to its truth or if you only guess or suspect the truth. If in doubt, pause the application and obtain the true facts before answering; and
If another person is answering for you, the insurer will treat their answers as yours. In such a case you should check the questions have been answered correctly on your behalf by them.
If you do not take reasonable care not to make a misrepresentation to the insurer, the insurer may cancel your contract, or deny or reduce the amount the insurer will pay you for a claim, in accordance with the insurer’s rights at law.
If you are unsure about your duties to the insurer or your need additional assistance, contact your broker.
Your duty of disclosure
Before you enter into an insurance contract which is not a consumer insurance contract (as that term is defined in the Insurance Contracts Act 1984), you have a duty under the Insurance Contracts Act 1984 to tell your insurer anything that you know, or could reasonably be expected to know, may affect the insurer’s decision to insure you and on what terms.
You have this duty until the insurer agrees to insure you.
You have the same duty before you renew, extend, vary or reinstate an insurance contract.
At renewal, the insurer may ask you to advise of any changes to something you have previously disclosed and ask you to advise the insurer if there has been a change. If you do not tell the insurer about a change, you will be taken to have told the insurer there is no charge.
You do not need to tell the insurer anything that:
Reduces the risk the insurer insures you for;
Is common knowledge; or
The insurer knows or should know as an insurer;
The insurer waived your duty to tell about it.
If you do not tell the insurer anything you are required to, the insurer may cancel your contract or reduce the amount it will pay you if you make a claim, or both.
If your failure to tell the insurer is fraudulent, the insurer may refuse to pay a claim and treat the contract as if it never existed.
If you are in doubt about whether or not a particular matter should be disclosed, please contact your broker.
People you represent
You must make sure you explain the Duty of Disclosure or Duty not to misrepresent to any person you represent when we arrange any insurance cover for you. Alternatively, you may ask any person you represent to contact us and we will explain their Duty of Disclosure or Duty not to misrepresent to them directly.
Contact your broker
If you are unclear about your Duty of Disclosure or Duty not to misrepresent or require more information about how to comply with your Duty of Disclosure or Duty not to misrepresent, please refer to the information provided by the relevant insurer in relation to your Duty of Disclosure in the relevant PDS or policy wording. Alternatively, you can contact your broker on +61 3 9642 4622.