Your duty to take reasonable care not to make a misrepresentation

Your duty

Before you purchase an insurance policy for household, personal or domestic use, such as home or car insurance, you have a duty to take reasonable care not to make a misrepresentation to us.


Video transcript

We know how important it is for you to have an insurer who supports you when you need it most.

Before you enter into insurance that's wholly or predominantly for your household, personal or domestic use, we'll ask you some questions.

These questions help us to make an informed decision on whether we're able to offer you insurance, and if so, on what terms, including the premium we charge.

When answering our questions the law says that you must take reasonable care not to make a misrepresentation to us.

A misrepresentation includes a statement that is false, partially false, or that does not fairly reflect the truth.

This means you must answer all our questions honestly, accurately, and to the best of your knowledge.

This is important if you want to prevent any claims that would otherwise have been paid being reduced or even denied.

It’s also important to remember that when you're answering our questions, you're answering on behalf of everyone who will be insured by the policy.

This means we will treat any answers or representations that you give as theirs.

Our friendly team members will take every care to make sure our questions are clear and specific.

But we know that some customers may find answering questions about insurance difficult.

If you need a bit of extra help to respond, that's okay.

We can work with your support person or even provide you with free access to a translator.

A misrepresentation could result in your claim not being paid in full or being rejected entirely, or your policy being cancelled, or both.

If you make a deliberate or reckless misrepresentation, that is an act of fraud and we may treat your policy as if it never existed.

In determining whether you've made a misrepresentation, a number of matters would be considered, including type of insurance, who it's intended to be sold to, whether you're represented by an insurance broker, and your particular characteristics that we are aware of or should have reasonably been aware of.

Your duty continues up until we inform you in writing that we have issued you with a policy.

Until that point, you must let us know if there are any changes to your circumstances.

Remember, we want to be here for you and your loved ones when you need it most.

So please abide by your duty.


When does this duty apply

This responsibility applies until we enter into a policy with you. This includes when you purchase a policy for the first time, as well as when we agree to renew, extend, vary, change, or reinstate your policy.

Your duty when answering our questions

We'll ask you some questions. These questions help us make an informed decision on whether we're able to offer you insurance. If so, they’ll help us determine the terms we offer, including the premium we charge.

What’s a misrepresentation

A misrepresentation includes a statement that’s false, partially false, or doesn’t fairly reflect the truth. It’s not misrepresentation if you don’t answer a question, or if your answer is obviously incomplete or irrelevant to the question asked.

Answering questions for others under the policy

The responsibility to take reasonable care not to make a misrepresentation applies to everyone who will be insured under the policy. If you're answering our questions on behalf of everyone who will be insured by the policy, we’ll treat any answers or representations you give as theirs.

What is taken into account

In determining whether you've taken reasonable care not to make a misrepresentation, all relevant circumstances are considered, including:

Failure to comply with your duty

If you don't comply with your duty, we may reduce or not pay a claim, cancel your policy, or both.

If the misrepresentation was deliberate or reckless, this is an act of fraud. We may treat your policy as if it never existed.


We offer help so you can fully understand our questions

We know that some customers may find answering questions about insurance difficult. Our team members will take every care to make sure our questions are clear and specific. If you need a bit of extra help to respond, that's okay.

We can work with your support person or even provide you with free access to a translator, if needed.

What to do if you’re having difficulties understanding your duty

If you have questions about these responsibilities or need more help, email us.


Commercial Insurance

A different duty applies when you take out a policy for business purposes, such as Business Pack Policy. We’ll tell you about this duty before you enter a policy for one of these products.