1. Disclosure of relevant facts
Your duty of disclosure
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, that 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 a matter:
- that diminishes the risk to be undertaken by the insurer.
- that is common knowledge.
- that your insurer knows or in the ordinary course of its business, ought to know.
- as to which compliance with your duty is waived by the insurer.
If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability
under the contract in respect of a claim or may cancel the contract. If your nondisclosure is
fraudulent, the insurer may also have the option of avoiding the contract from its beginning.
Comment: The requirement of full and frank disclosure of anything which may be material to the
risk for which you see cover (e.g. claims, whether founded or unfounded), or to the magnitude of
the risk, is of the utmost importance with this type of insurance. It is better to err on the side of
caution by disclosing anything, which might conceivably influence the insurer’s consideration of
2. Claims made and notified policy
- events that occurred prior to the retroactive date of the policy (if such a date is specified);
- claims made after the expiry of the period of cover even though the event giving rise to the
claim may have occurred during the period of cover;
- claims notified or arising out of facts or circumstances notified (or which ought reasonably to
have been notified) under any previous policy;
- claims made, threatened or intimated against you prior to the commencement of the period of
- facts or circumstances which you first became aware of prior to the period of cover, and
which you knew or ought reasonably to have known had the potential to give rise to a claim under
- claims arising out of the circumstances noted on the proposal form for the current period of cover or on any previous proposal form.
However, where you give notice in writing to the insurer of any facts that might give rise to a
claim against you as soon as reasonably practicable after you become aware of those facts but
before the expiry of the period of cover, the policy will, subject to the terms and conditions, cover
you notwithstanding that a claim is only made after the expiry of the period of the cover.
Upon expiry of the policy no further claims can be made thereunder and the need to maintain
insurance or arrangement of Run-Off cover is essential. You should familiarise yourself with our
standard form of policy for this type of cover before submitting this proposal.
3. Broker Acting as Agent of Insurer
In effecting this contract of insurance the broker will be acting under an authority given to it by
the insurer and the broker will be effecting the contract as agent of the insurer and not the insured.
4. Claims notification
If you become aware of a claim or of circumstances that could give rise to a claim in the future,
you should notify us in writing immediately, so that we can notify your insurer on your behalf.If
you become aware of a claim or circumstances and you do not notify them during the policy
period, you could be left uninsured or facing a reduced payout from your insurer in respect of that
claim or any future related claim.
5. Average provision
This policy provides that if a payment in excess of the limit of indemnity available under this
policy has to be made to dispose of a claim, the insurers liability for costs and expenses incurred
with its consent shall be such proportion thereof as the amount of indemnity available under the
policy bears to the amount paid to dispose of the claim. Any surplus will be deducted from claim
6. Subrogation agreements
Where another person would be liable to compensate you for any loss or damage otherwise
covered by the policy, but you have agreed with that person either before or after the loss or
damage occurred that you would not seek to recover any monies from that person, the insurer will
not cover you under the policy for any such loss or damage.