Your Duty to Not Misrepresent

Applying For Travel Insurance

When you apply for a travel insurance policy, we will ask questions that we need to know the answers to before deciding whether we can cover you, and if so on what terms and for what premium.  These questions will be about your personal circumstances, such as your health and medical history, your residency status, and your intended travel plans. 

The information you provide in your application is vital to our decision so you must take reasonable care to ensure that the information you provide is accurate, complete and not misleading.

This duty applies when you first apply for your policy and on any renewal, variation, extension or replacement of your policy.

If your application is for a new policy and your application is accepted, the policy will be a consumer insurance contract. If your application is to vary an existing policy and your amendments are accepted, the policy will be treated as a consumer insurance contract to the extent of the variation.

Your Duty to Take Reasonable Care Not To Make A Misrepresentation

If we ask you questions that are relevant to our decision whether to insure you and on what terms, you must take reasonable care not to make a misrepresentation to us when answering those questions.

A misrepresentation is a false answer, an answer that is only partially true, or an answer which does not fairly reflect the truth.

You will need to provide information which, to the best of your knowledge is accurate, complete and not misleading.  For example, if you were diagnosed with a heart condition and you knowlingly answered no to whether you have any pre-existing medical conditions

You and everyone insured under your policy (and listed in the Certificate Of Insurance) must comply with this duty.

Please make sure you explain the duty to anyone else insured under your policy.
 

Guidance For Answering Questions

You are responsible for the accuracy and completeness of the information you provide. When answering our questions, please:

• Carefully consider each question before responding.
• If you are uncertain about the meaning of any question, ask us for clarification before answering.
• Respond to questions truthfully and accurately.
• If you are unsure whether certain information should be included, err on the side of caution and include it.
• Review your application carefully, checking each response. Make any necessary corrections before submitting.

If you are providing information on behalf of a another person, such as a travelling companion or relative, it is important that you have all the relevant information and the person's consent to provide such information. If you or your travelling companion do not want to share your details including medical conditions, please purchase separate policies.

Changes Before Travel Starts

Not meeting your legal duty may have serious impacts on your insurance. Your cover could be voided (cancelled and treated like it never existed), or its terms may be changed. This may also result in a claim being declined, or a benefit being reduced.

Please note that there may be circumstances where we later investigate whether the information given to us was true. For example, we may do this when a claim is made.

What If  The Duty Is Not Met or a Misrepresentation is Made?

Not meeting your legal duty may have serious impacts on your insurance.  If a person who answers our questions does not take reasonable care not to make a misrepresentation, there are different remedies that may be available to us. These are set out in the Insurance Contracts Act 1984 (Cth). These are intended to put us in the position we would have been in if the duty had been met.

If you do not take reasonable care not to make a misrepresentation, we may be permitted by law to cancel your insurance contract or reduce the amount we will pay you if you make a claim, or both. 

If you make a misrepresentation which is fraudulent, we may refuse to pay a claim and treat the insurance contract as if it never existed.

Please note that there may be circumstances where we later investigate whether the information given to us was true. For example, we may do this when a claim is made.