Duty of Disclosure

 

What You must tell Us

Under the Insurance Contracts Act 1984 (the Act), You have a Duty of Disclosure. The Act requires that before a policy is entered into, You must give us certain information We need to decide whether to insure You and anyone else to be insured under the Policy, and on what terms. Your Duty of Disclosure is different, depending on whether this is a new Policy or not.

New business

Where You are entering into this Policy for the first time (that is, it is new business and is not being renewed, varied, extended or reinstated) You must tell us everything you know and that a reasonable person in the circumstances could be expected to tell Us, in answer to the specific questions We ask.

When answering our questions You must be honest.

  • · Who needs to tell Us

It is important that You understand You are answering Our questions in this way for yourself and anyone else that You want to be covered by the Policy.

  • · If You do not tell Us

If You do not answer our questions in this way, We may reduce or refuse to pay a claim, or cancel the Policy. If You answer Our questions fraudulently, We may refuse to pay a claim and treat the Policy as never having worked.

Renewals, variations, extensions and reinstatements

Once Your Policy is entered into and is no longer new business then Your duty to us changes. You are required before You renew, vary, extend or reinstate Your Policy, to tell us everything You know and that a reasonable person in the circumstances could be expected to know, is a matter that is relevant to Our decision whether to insure You, and anyone else to be insured under the Policy, and if so, on what terms.

  • · You do not have to tell Us about any matter

– that diminishes the risk;

– that is of common knowledge;

– that We know or should know in the ordinary course of our business as an insurer; or

– which we indicate We do not want to know.

  • · If You do not tell Us

If You do not comply with Your Duty of Disclosure We may reduce or refuse to pay a claim or cancel Your Policy. If Your non-disclosure is fraudulent We may treat this Policy as never having worked.

The General Insurance Code of Practice

The Code aims to:

  • · promote more informed relations between insurers and their customers;
  • · improve consumer confidence in the general insurance industry;
  • · provide better mechanisms for the resolution of complaints and disputes between insurers andtheir customers;
  • · commit insurers and the professionals they rely upon to higher standards of customer service.

Privacy

Privacy legislation regulates the way private sector organisations can collect, use, keep secure and disclose personal information. Truck Insurance Australia is bound by the Privacy Act 1988 (Cth.), when collecting and handling your personal information. We have developed a Privacy Policy which explains what sort of personal information we hold about you and what we do with it. We will only collect personal information from or about You for the purpose of assessing Your Application for insurance and administering Your insurance Policy, including any claims You make. We will only use and disclose Your personal information for a purpose You would reasonably expect. We may need to disclose personal information to Our reinsurers, (who may be located overseas), insurance intermediaries, insurance reference bureaux, credit reference agencies, our advisers and those involved in the claims handling process (including assessors and investigators), for the purposes of assisting Us and them in providing relevant services and products, or for the purposes of litigation. We may disclose personal information to people listed as co-insured on Your Policy and to family members or agents authorised by You. Computer systems and support services may be provided to us by related companies within the Truck Insurance Australia Broker Group that may be located overseas.  We may also disclose information to organisations which conduct customer service surveys on Our behalf. We will request Your consent to any other purpose. By providing your personal information to Us, You consent to Us making these disclosures. Without Your personal information We may not be able to issue insurance cover to You or process Your claim. You also have the opportunity to find out what personal information We hold about You and, when necessary, correct any errors in this information. Generally We will do this without restriction or charge. For further information about Our Privacy Policy or to access or correct Your personal information, please contact Your chosen Authorised Representative

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