Before you enter a contract of insurance, you have a Duty owed to the Insurer under the Insurance Contracts Act 1984, depending on whether your policy is for residential or commercial purposes:
If your policy is related to a consumer contract for domestic or residential purposes (i.e. a residential policy for residential use), you have a Duty To Take Reasonable Care Not To Make A Misrepresentation[1]. When you apply for or seek to renew residential general insurance that is wholly or predominantly for domestic use, we will ask you specific questions that are relevant to the Insurer’s decision to insure you and on what terms, including the premium, that the Insurer will charge. You should always provide us with complete and honest answers to all the questions we ask you, by answering questions to the best of your knowledge. If you fail to comply with your Duty, the Insurer may be entitled to refuse to pay your claim or reduce its liability under the policy or cancel the policy. If your failure to comply is fraudulent, the contract may be cancelled from the beginning.
On the other hand, before you enter into a wholesale contract of insurance (i.e. a commercial policy for commercial use), you have a Duty of Disclosure to disclose to the Insurer every matter that you know or could reasonably be expected to know, that is relevant to the Insurer’s decision whether to accept the risk of insurance and if so, on what terms[2]. You have the same duty to disclose these matters to the Insurer before you renew, extend, vary or reinstate a contract of insurance. You should provide us with complete and honest answers to all the questions we ask you, by answering questions about the risk to the best of your knowledge. If you fail to comply with your Duty, the Insurer may be entitled to refuse to pay your claim or reduce its liability under the policy or cancel the policy.
You do not have to disclose anything that:
Reduces the risk to be undertaken by the insurer;
Is common knowledge;
Your insurer knows, or in the ordinary course of its business, ought to know; or
If the insurer has waived the obligation to disclose.
1This Duty is applicable to retail clients only. Retail clients are defined as individuals or those who have less than 20 employees. For strata purposes, a retail client is considered a residential client. A residential client is classified as those who have a complex where less than 50% of its floor space is developed to commercial lots.
2This Duty is applicable to wholesale clients only. Wholesale clients are defined as those who have more than 20 employees. For strata purposes, a wholesale client is considered a commercial client. A commercial client is classified as those who have a complex where more than 50% of its floor space is developed to commercial lots.
If you require any clarification or further information on which Duty is relevant, please contact us.