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  Duty of Disclosure - Your Responsibility
November 2007

When buying insurance it is a requirement that you comply with your duty of disclosure - this applies each and every time you renew or alter your cover.

You have a duty of disclosure to tell us, your broker, everything you know or should know that is relevant to the insurer's decision to insure anyone under the policy including you and on what terms. This includes matters either we or the insurer specifically asks about when you apply for a policy or renew or alter your policy.

The information you tell us can affect:

  • the amount of your premium and your excess
  • if the insurer will insure you
  • if special conditions will apply to your policy

You do not need to tell us anything which:

  • reduces the chance of you making a claim
  • the insurer should know because of the business they are in
  • the insurer tells you they do not want to know

If you are unsure if the information is relevant it is better to divulge the information. If you do not advise something which you know or should know is relevant, the insurer may reduce a claim, refuse to pay a claim, cancel your policy or, if fraud is involved, the insurer can treat the policy as if it had never existed.

The decision to insure you is based on information provided by you. Your insurance - including the amount of the premium - may be affected if any of the facts or circumstances that existed at the start of the policy change during the period of insurance. For example:

  • if the nature or type of business changes
  • if circumstances arise that affect the situation or the property insured in such a way as to increase the risk of damage or loss
  • if your interest in the policy ceases, including by operation of law
  • if the business is wound up or carried on by an insolvency practitioner, or permanently discontinued.

If you become aware of any such changes you are required to notify us immediately to ensure your policy is correctly amended and your insurance protection is maintained.

You are responsible for ensuring the details of your policy are up to date so that we can provide the correct information to the insurer.

Your duty of disclosure is your responsibility!

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