Page 72 - Signature Funeral Directors Book for Adelaide 2017
P. 72

Further information                                Non-Disclosure
            Should your complaint not be resolved to your      If you fail to comply with your duty of disclosure and the
            satisfaction by AIA Australia’s internal dispute resolution   insurer would not have entered into the contract on any
            process, you may take your complaint to the Australian   terms if the failure had not occurred, the insurer may
            Information Commissioner whose contact details are:  avoid the contract within three years of entering into
            Office of the Australian Information Commissioner   it. If your non-disclosure is fraudulent, the insurer may
            GPO Box 5218                                       avoid the contract at any time from its inception. An
            Sydney NSW 2001                                    insurer who is entitled to avoid a contract of insurance
            Phone: 1300 363 992                                may, within three years of entering into it, elect not to
            Web: www.oaic.gov.au                               avoid it, but to reduce the sum insured in accordance
                                                               with a formula that takes into account the premium that
                                                               would have been payable if you had disclosed all relevant
            Your Duty of Disclosure
                                                               matters to the insurer.
            Before you enter into a contract of 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,
            which 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 life insurance.
            Your duty however does not require disclosure of a
            matter:
            •  that diminishes the risk to be undertaken by AIA
               Australia;

            •  that is of common knowledge;
            •  that AIA Australia knows or, in the ordinary course of
               its business, ought to know;
            •  as to which compliance with your duty is waived by
               the insurer.




































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