YOUR DUTY OF DISCLOSURE - CONTRACTS OF GENERAL INSURANCE
Before you enter into a contract of general insurance with an Insurer, you have a duty, under the Insurance Contracts
Act 1984, to disclose to the Insurer every matter that you know, or could reasonably be expected to know, is relevant
to the Insurer’s decision whether to accept the risk of the 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 any matter:-

• that diminishes the risk to be undertaken by the Insurer;
• that is of common knowledge;
• that your Insurer knows or, in the ordinary course of their business, ought to know;
• as to which compliance with your duty is waived by the Insurer.

NON DISCLOSURE
If you fail to comply with your duty of disclosure, the Insurer may be entitled to reduce their liability under the contract
in respect of a claim or may cancel the contract.
If your non-disclosure is fraudulent, the Insurer may also have the option of avoiding the contract from its beginning.

SUBROGATION
You may prejudice your rights with regard to a claim if, without prior agreement from the Insurer, you make
agreement with a third party that will prevent the Insurer from recovering the loss from that, or another party.
Your policy contains provisions that either exclude the Insurer from liability, or reduce their liability, if you have
entered into any agreements that exclude your rights to recover damages from another party in relation to any loss,
damage or destruction which would allow you to sustain a claim under this policy