NOTICE TO PROPOSED INSURED (Pursuant to the Insurance Contracts Act 1984)

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 of 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 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 any matter:

• that diminishes the risk to be undertaken by the insurer;
• this is of common knowledge;
• that your insurer knows or, in the ordinary course of business, ought to know;
• as to which compliance with your duty is waived by the insurer.

NON-DISCLOSURE
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 non-disclosure 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 seek 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

NOTICE TO PROPOSED INSURED (Pursuant to the Insurance Contracts Act 1984)

This policy is a “claims made” policy of insurance. This means that the policy covers you for claims made against you and notified to the insurer during the period of cover. The policy does not provide cover in relation to:

• events that occurred prior to the retroactive date, if any, specified in the Policy;

• claims made after 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 circumstances notified, or which ought to have been notified, under any previous policy;

• claims made, threatened or intimated against you prior to the commencement of the period of cover;

• facts or circumstances which you became aware of prior to the period of cover and which you knew or ought reasonably to have known had to potential to give rise to a claim under this policy;

• claims made against you prior to commencement of the period of cover;

• claims arising out of claims and 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 facts that might give rise to a claim against you as soon as reasonably practicable after you become aware of those facts but before expiry of the period of cover, the policy will, subject to its terms and conditions, cover you notwithstanding that a claim is only made after expiry of the period of cover.

AVERAGE PROVISION
The policy provides that if a payment in excess of the limit of indemnity available under the policy has to be made to dispose of a claim, the insurer’s liability for costs and expenses incurred with its consent shall be such proportion thereof as the amount of indemnity available under this policy bears to the amount paid to dispose of the claim.

Privacy and Eagle Insurance Brokers :

On the 21st December 2001, a new legislative regime took effect to regulate the way businesses and government bodies handle your personal information. We would like to tell you about Eagle Insurance Brokers (on behalf of the insurers)'s approach to information privacy. It is important that you know that the personal information you are supplying will only be used by entrusted identities who will treat your personal information with the appropriate degree of privacy.

Personal Information
Personal information is essentially information or an opinion about a living individual whose identity is apparent or can reasonably be ascertained from the information.

How your personal information is used and disclosed.
We respect your privacy and are committed to protecting your personal information, so we only collect the information that we require to provide and market our services to you.

Eagle Insurance Brokers (on behalf of the insurers) needs to collect personal information directly from yourself to be able to establish and determine the correct insurance cover for your needs. Eagle Insurance Brokers also needs to identify you/your company from other individuals assuming your identity who are
attempting to gain unauthorised access to your personal information and accounts.

Before Eagle Insurance Brokers collects any personal information about yourself or your company we must always identify ourselves by name and state the company we are employed by, being Eagle Insurance Brokers . Eagle Insurance Brokers must also advise yourself of the purpose of the collection of your personal information. You can choose at any time not to disclose your information to us, but please bear in mind this may hinder the service we are trying to provide to you. You will only ever be asked for information that is relevant.

If Eagle Insurance Brokers needs to collect information about yourself, or your company, from a third party we will always approach you for the authority to do so. We will ask you to sign a consent form allowing us to access this information.

Eagle Insurance Brokers  will not use or disclose personal information that is unrelated to our services, nor will we sell your information to a third party.

Sometimes we are required, or authorised, by law to disclose your personal information.

We may disclose your personal information to a Court in response to a subpoena, or to the Australian Taxation Office following a direction issued under taxation laws.

Please note that this information may be shared among the companies within the Insurance Industry and you agree to us doing so unless you tell us otherwise. If you would prefer that we do not use your information in this way, please contact us on 1800 132 453 or email compliance@eagleinsurance.com.au This e-mail address is being protected from spambots. You need JavaScript enabled to view it to let us know.

Data Quality
Eagle Insurance Brokers  must take reasonable steps to make sure that the personal information it
collects, uses or discloses is accurate, complete and up-to-date.

Data Security
Eagle Insurance Brokers  regards as the highest priority the security of your personal information. With this in mind we have procedures in place to guard your information. Eagle Insurance Brokers  computer systems are protected by firewall software, which will deny access to unauthorised people trying to access our servers from an outside connection. All computer workstations are password protected.

Access to personal information
You have the right to access personal information which Eagle Insurance Brokers collects and holds about you relating to your business transactions with this company. If you would like to access any personal information we hold about you, or you would like more information on our approach to privacy, please ask us.

Eagle Insurance Brokers  may refuse you access to your personal information in a number of circumstances, for which we will always explain the reason why you have been refused access.

Some of these reasons include:

• The information may relate to an existing or anticipated legal proceedings with you.
• Denying access is required or authorised by law.
• When the request for access is regarded as frivolous or vexatious.