Before you enter into a contract of general insurance with any Insurer, you have a duty, under the Insurance Contracts Act 1984 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 of insurance and, if so, on what terms. 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 any disclosure of any matter 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 their business, ought to know. As to which compliance with your duty is waived by the Insurer.
Examples of information which are relevant to insurers are
(i) past claims experience, (ii) a cancellation of a previous insurance policy or refusal by an insurer to renew a policy previously held by you, (iii) any unusual features of the subject matter of the insurance which might increase the likelihood of a claim under the policy.
If you are uncertain about whether or not a particular matter should be disclosed to the insurer, please contact our office.
Non-disclosure - If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce their liability under the contract in respect of a claim or may cancel the contract. If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the contract from its beginning.