DUTY OF DISCLOSURE
Before any person/s enter into an insurance policy with us, they have a duty under the Insurance Contracts Act 1984 (Cth) to disclose to us every matter that they know, or could reasonably be expected to know, is relevant to our decision whether to accept the risk of the insurance and if so, on what terms.
They have the same duty to disclose those matters to us before they renew, extend, vary or reinstate the Policy.
The duty applies until the Policy is entered into, or where relevant, renewed, extended, varied or reinstated (Relevant Time). If anything changes between the time disclosures are made and the Relevant Time, the person/s need to tell us.
What we do not need to know; A person does not need to tell us about any matter that:
•diminishes our risk;
•is of common knowledge;
•we know or should know in our business as an insurer;
•we tell the person we do not need to know.
Who does the duty apply to?
The duty of disclosure applies in relation to everyone who is insured under the Policy.
What happens if the duty of disclosure is not complied with?
If the duty of disclosure is not complied with we may cancel the Policy and/or reduce our liability under the Policy in respect of a claim. If fraud is involved, we may treat the Policy as if it never existed and pay nothing.
UTMOST GOOD FAITH
The Policy is based on the utmost good faith requiring us and the proposer/Insured(s) (including third party beneficiaries after the Policy is entered into) to act towards each other with the utmost good faith in respect of any matter relating to the Policy. A failure to comply is a breach of the Insurance Contracts Act 1984 (Cth).