To have a thorough understanding of the cover provided under your policy please read the following information in conjunction with the current Professional Indemnity Insurance Combined Financial Services Guide, Product Disclosure Statement and Policy Wording and any applicable Supplementary PDS and Policy Wording.
Your duty of disclosure
Before you enter into an insurance contract, you have a duty, under the Insurance Contracts Act 1984 (Cth) to tell us anything that you know, or could reasonably be expected to know, may affect our decision to insure you and on what terms. You have this duty until we agree to insure you. You have the same duty before you renew, extend, vary or reinstate an insurance contract.
You do not need to tell us anything that:
- reduces the risk we insure you for; or
- is common knowledge; or
- we know or should know as an insurer; or
- we waive your duty to tell us about.
If you do not tell us something
If you do not tell us anything you are required to, we may cancel your contract or reduce the amount we will pay if you make a claim, or both.
If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.
Claims made cover
The Professional Indemnity Insurance Policy is a claims made contract of insurance. This means that the policy responds to matters that have occurred on or after the retroactive date and that you first become aware of and notify to us in writing during the period of insurance.
Requirement to notify us
You must notify us in writing as soon as practicable of any material alteration of the risk during the period of insurance including any material change in:
- your field of practice or the nature of the professional services provided by you, or
- the risk category or billings you have previously declared.
You must also notify us as soon as practicable after you become aware of:
- any claim, investigation or inquiry;
- any circumstance that might lead to a claim against you or to an investigation or inquiry involving you;
- any other matter which might give rise to a claim for indemnity under this policy.
Rights under section 40(3) of the Insurance Contracts Act
If you have a policy with us and you notify us in writing of circumstances which may give rise to a claim during your period of cover, the fact that you do not give us written notice of a claim relating to those circumstances before your policy has expired will not, of itself, relieve us of liability in relation to the claim. However, you must notify us of a claim, investigation or inquiry as soon as you become aware of it.
All monies received will be paid into an Australian bank account and held in trust on your behalf until we agree to accept your proposal. If we do not accept your proposal, all monies will be refunded to you.
MDA National is entitled to the interest earned on this bank account.