Please read these notices carefully. If you have any questions, please contact us.
Motosure is a trading name of Wallace Risk Solutions Pty Ltd (WRS) AFSL 353275 ABN 93 130 907 253. WRS acts on your behalf and not the insurer. WRS is remunerated by way of commission and/or fees which is detailed on all invoices.
The Insurer’s Agent
Tailored Underwriting is a division of Cerberos Brokers Pty Ltd ABN 61 106 769 886, AFSL 260668. Tailored Underwriting arrange policies for and on behalf of Underwriters at Lloyd’s and Berkley Insurance Company and actsacting under a binding authoritiesy given to it by the insurers to administer and issue policies, alterations and renewals. In all aspects of this policy Tailored Underwriting acts on behalf of the insurers and not for you. Tailored Underwriting are not the insurer for this contract and they are not liable for any loss or claim. The Underwriters Insurers are clearly shown on the Schedule
Your Duty of Disclosure
Before you enter into an insurance contract with us, the Insurance Contracts Act 1984 requires you to provide us with the information we need to enable us to decide whether and on what terms your proposal for insurance is acceptable and to calculate how much premium is required for your insurance.
The Act imposes a different duty the first time you enter into the policy with Us to that which applies when You vary, renew, extend, reinstate or replace Your policy. We set these duties out below.
Your duty of disclosure when you enter this policy with us for the first time
You will be asked various questions when you first apply for this policy. When you answer these questions, you must:
a) Give us honest and complete answers.
b) Tell us everything You know concerning the proposed insurance; and
c) Tell us everything that a reasonable person in the circumstances could be expected to tell us.
Your duty of disclosure when you renew, vary, extend, reinstate or replace your policy
If You renew, vary, extend, reinstate or replace the policy Your duty is to tell Us before the renewal, variation, extension, reinstatement or replacement is made, every matter which:
a) You know; or
b) A reasonable person in the circumstance could be expected to know;
c) Is relevant to our decision whether to insure you and whether any special conditions need to apply to your policy.
What you do not need to tell us for either duty
You do not need to tell Us about any matter:
a) That diminishes Our risk;
b) That is of common knowledge;
c) That We know or should know as an Insurer; or
d) That We tell You We do not need to know.
If you do not tell us
If you do not comply with the relevant duty, we may cancel the policy or reduce the amount we pay if you make a claim. If fraud is involved we may treat
the policy as if it never existed and pay nothing.
If you misrepresented any fact to us before the insurance contract was entered into, and if we would not have entered into your insurance contract for the same premium and on the same terms and conditions shown on your Policy Schedule but for the failure to disclose or the misrepresentations;
Then our ability in respect of any claim may be reduced to an amount which would place us in the position in which we would have been but for your failure to disclose or your misrepresentation. however, if the non-disclosure or misrepresentation was fraudulent, we may avoid your contract altogether.
Change of your risk and/or circumstances
Advise us immediately of any change to the risk of your circumstances e.g. change of vehicle, drivers, location, modification, accessories, licensing conditions, etc.
You may return this policy to us within 14 days of the date we enter into it provided that no right or power under the policy has been exercised (eg. No claim has been made). When you return it within the above 14 day period we will cancel the policy and give you a full refund of premiums paid. Please note that you still have
cancellation rights that you can use after this period expires.
Refunds and Our Remuneration
After cancellation and subject to your cooling off period rights we will keep the premium for the period that your policy was in force in accordance with the short rate table detailed in the policy.
We are committed to protecting your privacy in accordance with 10 National Privacy Principles. To enable us to provide our services to you, we collect your information and disclose it to third parties, such as insurers, premium funding companies, banks, claims assessors. To enable us to maintain correct records, please inform us of any changes as they occur. You have the right to request access to, and correct any of your personal information that we may retain, subject to law.
What to do if you have a complaint
If you have any complaints about how we handle your personal information or about our service or advice, please let us know. We have internal dispute resolution procedures in place and abide by the Insurance Brokers Code of Practice and subscribe to the Insurance Brokers Disputes Limited, an external dispute resolution facility for insurance brokers and consumers.
As agent to insurer/s, any complaint about policies and associated services may also be handled under the relevant insurer’s internal dispute resolution procedures, and the external dispute facility for insurers and consumers, the Financial Ombudsman Service. We also abide by the General Insurance Code of Practice which can by viewed at www.ica.com.au. Further details can be viewed in each Product Disclosure Statement and our Complaints and Disputes Policy, both located on our website. You can also call us or the insurer/s for a copy of the relevant Complaints Policy
Please read these guidance notes before completing the proposal form. Where further information is required please complete Section 5: Additional Information.
This proposal must be typed, or completed in ink and signed and dated by such person (Proposer/You/Your) who must be of legal capacity and authorised by the Proposer to seek a quotation for Public Liability Insurance. Please answer every question fully, and state “n/a” where applicable. Incomplete answers may not be accepted and can delay quotation.
Should there be insufficient room in the Proposal Form for full details, please attach further information on signed and dated sheets. It is the duty of the Proposer to disclose all material facts to Insurers. Where this is omitted, the Insurers may avoid their obligation under the Policy.
For the purpose of the Proposal and for all purposes relating to any policy issued pursuant to this Proposal, a ‘material fact’ shall be deemed to be one that would be likely to influence an Insurer’s judgement and acceptance of Your Proposal. Upon acceptance of the Insurers’ terms and conditions and payment of the premium, all information provided by the Proposer together with the guidance notes will be deemed to be incorporated in the contract between Insurers and the Proposer.
Your Duty of Disclosure Before You enter into an insurance policy, it is Your duty to disclose every matter that You know, or could reasonably be expected to know, to be relevant to the Insurer’s decision whether to give You insurance cover and, if so, on what terms.
Excess The policy provides that You will be required to bear a specified amount of all claims and this is for each and every claim made against You including defence costs. We will let You know when the excess is payable.
Consequences of Non-Disclosure or Misrepresentation If You breach Your duty of disclosure; the Insurer(s) may be able to refuse to pay a claim or to cancel Your policy. The same applies where You have made a misrepresentation, if fraudulent (i.e. done deliberately for the purpose of obtaining insurance, or for obtaining it on favourable terms) the Insurer(s) may be able to ‘avoid’ Your policy. This means that the Insurer(s) can treat the policy as never having existed. Non-disclosure or misrepresentation in relation to one policy may affect Your ability to obtain other insurance in the future. If You are unsure whether some information may be disclosable or not we suggest You call Your insurance broker and seek guidance.
Your Legal Liability If you take out a Liability cover section, the financial risk of court awards through litigation is ever increasing and we recommend that You select a Limit of Liability that takes into account the future cost of claims including legal fees and costs of defence. Even higher limits are available than your current limit if required. Defence costs are included within the limit of liability, when you take out a Liability cover section.
Waiver of Rights If You have entered into an agreement with another party, which prevents your Insurer from taking recovery action for compensation from that party it may affect Your rights to cover under this Policy. Should You now be a party to such an agreement or be requested to enter such an agreement in the future, please advise your Broker in writing so we may notify the Insurer.
Risk Survey Acceptance of the proposed risk may be subject to a survey to be carried out by or on behalf of the Insurers. In the event that the survey results in findings of misrepresentation, Insurers may be able to decline any potential claim. Please note that by carrying out a site survey and report any ensuing requirements &/or recommendations shall not constitute any undertakings on the part of the Insurers or others to determine or warrant that the premises surveyed are safe, fit or compliant with any Federal, State, Local Government law, statute, by-law, rule, regulation, building code or the like.