Duty of Disclosure: What you must tell us
Before you enter into an insurance contract, you have a duty to tell the insurer anything that you know, or could reasonably be expected
to know, may affect their decision to insure you and on what terms.
You have this duty until they agree to insure you. You have the same duty before you renew, extend, vary or reinstate an insurance
contract.
You do not need to tell the insurer anything that:
• reduces the risk they insure you for; or
• is common knowledge; or
• they know or should know as an insurer; or
• they waive your duty to tell them about.
If you do not tell the insurer something you are required to, they may cancel your contract or reduce the amount they will pay you if you
make a claim, or both. If your failure to tell them is fraudulent, they may refuse to pay a claim and treat the contract as if it never existed.
Claims Made Policy
The Professional Indemnity section of this Policy operates on a 'Claims made and notified' basis. This means that the Policy covers you for Claims made against you and notified to us during the Period of Insurance.
This Policy does not provide cover in relation to:
- acts, errors or omissions actually or allegedly committed prior to the retroactive date of the Policy (if a date is specified);
- claims made after the expiry of the period of insurance even though the event giving rise to the Claim may have occurred during the period of insurance;
- claims notified or arising out of facts or circumstances notified (or which ought reasonably to have been notified) under any previous Policy;
- claims made, threatened or intimated against you prior to the commencement of the period of insurance;
- facts or circumstances of which you first became aware prior to the period of insurance, and which you knew or ought reasonably to have known had the potential to give rise to a Claim under this Policy;
- Claims arising out of circumstances noted on the proposal form for the current period of insurance or on any previous proposal form.
Where you give notice in writing to the insurer or any facts that might give rise to a claim against you as soon as reasonably practicable after you become aware of those facts but before the expire of the period of cover, you may have rights under Section 40(3) of the Insurance Contracts Act 1984 to be indemnified in respect of any claim subsequently made against you arising from those facts notwithstanding that the claim is made after the expiry of the period of cover. Any such rights arise under the legislation only. The terms of the Policy and the effect of the Policy is that you are not covered for claims made against you after the expiry of the period of cover.