DUTY OF DISCLOSURE
Before you enter into any contract of general insurance with an Insurer you have a duty to disclose to the Insurer all information and every matter (including convictions) that you know or could reasonably be expected to know is relevant to the Insurer’s decision whether to accept the risk of the insurance and, if so, on what terms and conditions and at what cost.
You have the same duty to disclose those matters to the Insurer before you renew, extend, vary or reinstate a contract of general insurance.
Your duty however does not require disclosure of matters:
• that diminishes the risk to be undertaken by the insurer;
• that is of common knowledge;
• that your Insurer knows or, in the ordinary course of his business, ought to know;
Your duty of disclosure extends to not only answering the questions on the proposal form and/or questionnaire but to all matters which are relevant to the risk. You must also notify the Insurer of changes in the risk between the time of your answering the questions on the proposal form and/or questionnaire and the date the contract of insurance is entered into.
If in doubt – disclose.
If you fail to comply with your duty of disclosure the Insurer may be entitled to reduce his liability under the contract in respect of a claim, or may cancel the contract, or have the option of avoiding the contract from its beginning.
CHANGES AND DEVELOPMENTS
You must advise us immediately of any change in circumstances, changes and developments to your business, convictions or other material facts that may be relevant to your Insurers decision to insure you or which is likely to increase the possibility of a claim arising under your insurance programme.
Failure to do so may result in your claim being declined and/or your insurance cancelled.
Examples of these include:
• Any changes in circumstances or business activities undertaken that are outside the scope of the description in your Policies.
• Any acquisition of or merger with any other company.
• The purchase, construction or occupancy of new premises.
• Any alteration, vacancy, temporary unoccupancy, extension or demolition of existing premises.
• Any increase in values or business beyond the insured limits.
• Any significant or permanent removal of stock or equipment to different locations.
• Any assumption of liability or waiver of recovery rights under the terms of any agreement or contract.
• Any hiring, leasing or borrowing of vehicles, plant or equipment.
• Any charter of aircraft or watercraft.
• Any substantial change in processing methods, occupancy or premises or products.
• Any development of new export markets, particularly in America or North America.
• Any alterations to or disconnection of your fire or burglary protection systems.
• Any proposed installation or modification of pressure plant, refrigeration plant or key machines.
• Any charge or conviction of any offence involving arson, drugs, malicious damage, theft, dishonesty, injury or any other criminal offence (including any Director or Shareholder or Partner).
• Bankruptcy or insolvency of the business or any business associated with/connected to any Director or Shareholder or Partner.
PRIVACY ACT 1993
This Act places restrictions and requirements on the way agencies collect, use, hold and store, disclose and give access to personal information.
A declaration complying with the Privacy Act 1993 will accompany any personal information that is collected for insurance purposes.
INSURANCE COMPANIES (RATINGS AND INSPECTIONS) ACT 1994
Your Insurer is required to obtain, register and publish its Financial Strength Rating, as well as the date of it, the rating scale, any credit watch warnings and any down-grading in it.
There are three Rating Agencies approved by the Registrar of Companies:
A.M. Best Asia Pacific Ltd
Unit 5707, Central Plaza,
18 Harbour Road,
Wanchai, Hong Kong Fitch Ratings
Level 22, 300 Queen Street,
Brisbane 4000, Australia Standard & Poor’s (Australia)
Level 37, 120 Collins Street,
Melbourne 3000, Australia
We are obliged to inform you of the rating assigned to your Insurers and you will find this information on any insurance certificates we issue
Read our full Insurance Disclosure Statement