Duty of Disclosure
- Introduction
1.1 Purpose:
This Duty of Disclosure outlines the obligations of policyholders regarding the provision of accurate and complete information to Apple Insurance Services Ltd (“we,” “us,” or “our”).
1.2 Importance:
Providing truthful information is crucial for the proper assessment of risk and the validity of insurance coverage.
- General Duty
2.1 Obligation:
As a policyholder, you have a duty to disclose all material facts that could influence the insurer’s decision regarding coverage or terms.
2.2 Continuous Duty:
The duty of disclosure is not limited to the inception of the policy; it continues throughout the policy period. Any changes to material facts must be promptly communicated.
- Material Facts
3.1 Definition:
Material facts are those that would influence a prudent insurer’s decision in determining the terms, premium, or acceptance of the risk.
3.2 Examples:
Examples of material facts include, but are not limited to, previous claims history, criminal convictions, changes in occupation, and modifications to the insured property.
- Providing Information
4.1 Completeness:
Information provided must be complete, accurate, and not misleading. Any uncertainties or doubts about whether certain information is material should be clarified with us.
4.2 Verbal and Written Communication:
Duty of disclosure applies to both verbal and written communication. Any discussions or correspondence related to the insurance must be truthful and comprehensive.
- Duty at Inception
5.1 Proposal Form:
The duty of disclosure commences with the completion of the proposal form or during any pre-contractual discussions.
5.2 Updating Information:
Policyholders must inform us of any changes to the information provided during the application process before the inception of the policy.
- Duty During the Policy Period
6.1 Ongoing Obligation:
Throughout the policy period, policyholders are required to inform us of any changes to material facts promptly.
6.2 Renewals:
At renewal, policyholders must review and update information, ensuring it remains accurate and reflective of the current circumstances.
- Consequences of Non-Disclosure
7.1 Impact on Coverage:
Failure to disclose material facts may result in the denial of a claim, alteration of policy terms, or even the voiding of the insurance contract.
7.2 Financial Consequences:
Policyholders may be liable for additional costs, including legal fees, if non-disclosure is proven to be deliberate or reckless.
- Remedies for Innocent Non-Disclosure
8.1 Remedial Action:
If non-disclosure is unintentional, we may work with policyholders to rectify the situation. This may include adjusting the terms or premium.
- Contact Us
9.1 Communication:
For any questions or concerns regarding the duty of disclosure, policyholders should contact us at info@appleinsuranceservices.co.uk or at the address provided in the policy documentation.
- Governing Law
10.1 Applicable Law:
– The Duty of Disclosure is subject to English Law.
10.2 Severability:
– If any provision of this Duty of Disclosure is found to be invalid or unenforceable, the remaining provisions will remain in effect.
