Your duty of disclosure: Before you enter a contract of general 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, is relevant to the Insurers’ decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose these matters to the Insurer before you renew, extend, vary or reinstate a contract of general insurance.
Your duty does not require disclosure of matter:
- that diminishes the risk to be undertaken by the Insurer
- that is of common knowledge
- that your Insurer knows, or in the ordinary course
of his 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.
LOGANS AS AGENT
On issuing the policy Logan Livestock Insurance Agency Pty Ltd (Logans) may be acting under the authority given to it by certain Insurers with whom they have a binding authority to issue policies and in doing so Logans will be acting as Agent of those Insurers and not as the applicant’s agent.
HEALTH WARRANTY AND USE OF ANIMALS
The insurance does not cover any animal which was not in sound health and free from any illness, disease, lameness, injury or physical disability whatsoever at the commencement of this Insurance (except where the Insured was not aware of, or a reasonable person in the circumstances could not be expected to have been aware of, such defect or imperfection in the animal). No animal shall be used otherwise than for the purpose stated without the written consent of the Insurers. The Insurers reserve the right to carry out an inspection of any insured animal as and when required.
NOTICE OF ILLNESS, LAMENESS AND ACCIDENT
The Insured shall give immediate notice to Logans of any accident to or illness, lameness or disease of any insured animal and shall at their own expense immediately provide for adequate attendance and treatment by a qualified veterinary surgeon and when required shall furnish a report by the attending veterinary surgeon on the condition of the animal. The Insured shall at all times use and exercise every due and proper precaution and safeguard against loss or danger of loss and shall comply with all reasonable regulations and directions given by the Insurers or by a veterinary surgeon employed by them.
Operations, unless conducted by a qualified veterinary surgeon and certified by him/her to have been necessitated solely by accident, disease or illness and to have been carried out in an attempt to preserve the animal’s life, must be notified to Logans at least twenty-four (24) hours before such operation.
NOTICE OF DEATH AND PROOF OF CLAIMS
On the death of any insured animal the Insured shall immediately give notice thereof to Logans and at the Insured’s own expense arrange for a post-mortem and autopsy examination to be made by a qualified veterinary surgeon.
The Geographical Limits are Australia/New Zealand, including transits within and between. The insurance does not cover any animal that does not remain within the Geographical Limits during the whole period of insurance, unless specifically agreed otherwise in writing by the Insurers.
ACCEPTANCE OF THE INSURANCE
The insurance will not be bound until certain documentation/information has been received, the risk accepted by the Insurer and the premium paid. Logans will instruct the Insured as to the required documentation/information, which may include, but is not limited to: a completed Proposal form, Veterinary Certificate/s, Declaration/s of Health and/or Justification of Value. The Insurer reserves the right to decline any Proposal.