Your Duty of Disclosure
You have a duty under the Insurance Contracts Act 1984 (Cth) to disclose to the Insurer anything that You could reasonably be expected to know is relevant to their 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 disclosure of a matter:
• that diminishes the risk to be undertaken by the Insurer;
• that is of common knowledge;
• that the Insurer knows or, in the ordinary course of business, ought to know; or
• as to which compliance with Your duty is waived by the Insurer.
The duty of disclosure applies to You and everyone insured under the contract of insurance. If You, or they, fail to comply with the duty of disclosure, the Insurer may reduce their liability under the contract in respect of a claim.
If the non-disclosure is fraudulent, they may treat the Policy as if it never existed and pay nothing.
It is important that all information provided in support of Your application for insurance is understood by You and is correct, as You will be bound by Your answers and by the information provided by You. If You do not understand any part of this notice, you should contact us.
Your duty of disclosure continues after Your application for insurance has been completed up until the contract of insurance is entered into.