AIDA - RIO CONGRESS 2018 DISCLOSURE DUTIES IN INSURANCE
General Reporter: Peggy SHARON Please answer the questions and clarify whether your response is based on legislation, court judgments or directives of any regulatory/supervisory authority. Finally, your remarks and comments from your point of view will be appreciated.
QUESTIONNAIRE 1. The Insured's Pre-Contractual Disclosure Duty a. Does your National Law impose a duty to answer questions put to the applicant/insured by the insurer? b. Does your National Law impose upon the applicant/insured a duty to disclose information upon the applicant’s own initiative? If so - under what circumstances? 2. Scope of the Applicant's Disclosure Duty – Subjective or Objective? Is the applicant's disclosure duty limited to the applicant's actual knowledge or includes also information which he or she should have been aware of? 3. The Insurers' Pre-Contractual Duties a. Does your law impose on an insurer a pre-contractual duty to investigate the applicant's business in order to obtain the relevant information? b. Does your law impose on an insurer a duty to ascertain the insured's understanding of the scope of the insurance, and to draw the insured's attention to exclusions and limitations?
2 4. The Insured's Post-Contractual Disclosure Duty a. Does an insured have the duty to notify the insurer of a material change in risk? If so - what is the scope of the duty? b. What is defined in your jurisdiction as a material change?
5. The Insurer's Post Contractual Duty Does your law impose on an insurer disclosure duties after the occurrence of an insured event (such as, the duty to provide coverage position in writing within a limited period, duty to disclose all reasons for declination etc.)? 6. Remedies in Case of Breach of the Insured’s Disclosure Duties a. What is the insurers' remedy in case an insured breached his/her precontractual disclosure duty ("all or nothing" rule or partial discharge)? b. What is the insurers' remedy in case an insured breached his/her postcontractual disclosure duty ("all or nothing" rule or partial discharge)?