Important Information Important Facts Relating To This Proposal Form – You should read the following advice before proceeding to complete this proposal form.
This insurance is arranged by Insurance Cover Agency Pty Ltd t/as Cosmetic Nurse Insurance Hub ABN 23 141 574 914 AFS 344648. Authorised Representative Number 1284487 an Authorised Representative of PSC Connect Pty Ltd ABN 21 141 574 914 AFS 344648.
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 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
a) that diminishes the risk to be undertaken by the insurer;
b) that is of common knowledge;
c) that your insurer knows or, in the ordinary course of his business, ought to know;
d) 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, refuse to pay the 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.
If at any time throughout your policy period you employee staff, work under an ABN not reflected on your application (if you are currently an employee), add treatments or services not listed on your policy under Business or Healthcare Activities, any changes within your business impacting this policy, any changes in the insured entity/name on your policy, or a complaint, circumstances which may result in a claim or a claim arises.
The Professional Indemnity and Liability Insurance Policy is issued on a ‘Claims Made and Notified’ basis. This means that the Insuring Clause responds to:
a) claims first made against you during the policy period and notified to the insurer during the policy period, provided that you were not aware at any time prior to the policy inception of circumstances which would have put a reasonable person in your position on notice that a claim may be made against him/her; and
b) written notification of facts pursuant to section 40(3) of the Insurance Contracts Act 1984. The facts that you may decide to notify, are those which might give rise to a claim against you.
Such notification must be given as soon as reasonably practicable after you become aware of the facts and prior to the expiry of the policy period. If you give written notification of facts the policy will respond even though a claim arising from those facts is made against you after the policy has expired. For your information, section 40(3) of the Insurance Contracts Act 1984 is set out below:
“S40(3) Where the insured gave notice in writing to the insurer of facts that might give rise to a claim against the insured as soon as was reasonably practicable after the insured became aware of those facts but before the insurance cover provided by the contract expired, the insurer is not relieved of liability under the contract in respect of the claim when made by reason only that it was made after the expiration of the period of the insurance cover provided by the contract.”
When the policy period expires, no new notification of facts can be made on the expired policy even though the event giving rise to the claim against you may have occurred during the policy period. You will not be entitled to indemnity under your new policy in respect of any claim resulting from an act, error or omission occurring or committed by you prior to the retroactive date, where one is specified in the policy terms offered to you. Our policy contains a provision that has the effect of excluding or limiting our liability in respect of a liability incurred solely by reason of the Insured entering into a deed or agreement excluding, limiting or delaying the legal rights of recovery against another.