Please read and acknowledge the following when completing the declaration questions.
Your Duty of Disclosure - What you must tell us
Under the Insurance Contracts Act 1984 (the Act), you have a Duty of Disclosure. You are required before you enter into, renew, vary, extend or reinstate your Policy, to tell us everything you know and that a reasonable person in the circumstances could be expected to know, is a matter that is relevant to our decision whether to insure you, and anyone else to be insured under the Policy, and if so, on what terms.
You do not have to tell us about any matter
- that diminishes the risk
- that is of common knowledge
- that we know or should know in the ordinary course of our business as an insurer, or
- which we indicate we do not want to know.
If you do not comply with your Duty of Disclosure your insurer may reduce or refuse to pay a claim or cancel your Policy.
If your non-disclosure is fraudulent your insurer may treat this Policy as never having operated.
Under-insurance
Industrial Special Risks property insurance is written on a “Reinstatement/Replacement” basis which means replacing the property destroyed or restoring the damage with new materials without any deduction for depreciation or volunteer labour.
If incorrect values are declared for insurance purposes, it can have significant implications under the Average/Co-Insurance clause of the policy:
Average/Co-Insurance Clause Activation: This clause is applied in cases of underinsurance. It essentially means if the declared value of your property or assets is less than their actual replacement value, you may not be fully insured.
Effect of Underinsurance: By declaring a value lower than the actual full replacement value, you are effectively self-insuring a portion of the risk. This means you are assuming responsibility for a part of any potential loss.
Proportionate Claim Payment: In the event of a claim, if it is found the declared value is less than the actual value, the insurer may only pay a claim amount proportionate to the declared value against the actual full value. For example, if you have declared 75% of the actual value, in the event of a claim, the insurer may only cover 75% of the loss, leaving you to fund the remaining 25%.
Importance of Accurate Valuation: It is, therefore, crucial to accurately assess and declare the value of your property and assets. This ensures you receive adequate coverage from your insurer in the event of a claim and avoids the risk of underinsurance.
Declaring incorrect values can lead to underinsurance, which may significantly impact the amount you can claim. The Average/Co-Insurance clause means you could be responsible for a portion of any loss if your declared values are lower than the actual values. Accurate valuation and declaration are key to ensuring full insurance coverage.
Waiver of Liability Agreements
Where another person would be liable to compensate you for any loss or damage otherwise covered by the policy, but you have agreed with that person either before or after the loss or damage occurred that you would not seek to recover any monies from that person, the insurer will not cover you under the policy for any such loss or damage.
General Advice Warning
The information provided is to be regarded as general advice. Whilst we may have collected risk information, your personal objectives, needs or financial situations were not taken into account when preparing this information. We recommend you consider the suitability of this general advice, in respect of your objectives, financial situation and needs before acting on it. You should obtain and consider the relevant product disclosure statement before making any decision to purchase this financial product
Your Privacy
We value your privacy. Our Privacy Policy sets out how we collect, disclose and handle personal information under the Privacy Act and the Australian Privacy Principals. By providing us such information you consent to these practices unless you tell us otherwise. Our Privacy policy is available at https://www.insuranceadviser.net/ia-privacy-policy or by contacting us.
Who do we contact with questions related to 'the insurance'
Everest Risk Group Pty Ltd
Sean McDermott (Authorised Representative # 447131)
Phone: 02 8880 0653
Email: amsa@everestrg.com.au
When sending ERG an email, please place the name of your Shed in the ‘Subject’ line.
When contacting ERG, you should be aware of our Privacy Policy. The Privacy Policy sets out how we collect, disclose and handle personal information under the Privacy Act and the Australian Privacy Principals.