Duty of Disclosure; the relevant facts.
When you apply for personal insurance, you need to tell the potential insurer all the relevant facts. The insurance company is then able to tailor the terms and conditions under which the insurance is offered.
The insurer can cancel your insurance if you fail to tell all the relevant facts. They can refuse to pay a claim and treat the contract as if it never existed.
Make sure you tell them when you apply for cover.
Relevant facts include:
- medical history,
- pre-existing conditions,
- details of doctor and hospital visits, and
The insurer needs to know, even if:
- you have recovered and no longer suffer from an illness,
- if there are no symptoms, or
- there are no apparent injuries.
In general, your duty of disclosure stops only once your policy is issued. If you have experienced a medical condition in the time between applying for insurance cover and having that cover implemented, you are still obliged to disclose these relevant facts to the insurer.
Your obligation to providing information stops once your policy has been issued and you have received your policy documents and product disclosure statement (PDS).
You do not need to tell the insurer anything that:
- reduces the risk they insure you for; or
- is common knowledge; or
- they know or should know as an insurer; or
- they waive your duty to tell the about.
- Source: TAL