Professional Indemnity Insurance Proposal Form for Actuaries (short form)

Transcription

1 Professional Indemnity Insurance Proposal Form for Actuaries (short form) Marsh Pty Ltd ABN Darling Park Tower Sussex Street SYDNEY NSW 2000 PO Box H176 AUSTRALIA SQUARE NSW 1215 Telephone (02) CATS10/0275

2 IMPORTANT Please answer ALL questions fully. If there is insufficient space, please provide details on your own letterhead and attach to this form. 1. Name of all entities to be insured 2. Address or Principal Office Telephone Number Address Website Address 3. Date business established 4. Is the Insured a member of the Institute of Actuaries of Australia? Yes No 5. Does the Insured hold an AFS license or act as an authorised representative for an AFS licence holder? Yes No If Yes, please give details, including the nature of the financial services involved: 6. Is the Insured an Approved Actuary? Yes No If Yes, for which entities? 7. Does the Insured conduct any Financial Condition Reports? Yes No If Yes, for which entities? 8. Staff numbers Qualified... Other Hours of work: Weekly... Annual Please state gross fees / turnover payable by clients Location Previous 12 months Last 12 months Next 12 months Australia $ $ $ Elsewhere (excluding North $ $ $ America) please provide details of which countries separately North America (including work performed outside those areas for persons, companies, firms, or organisations having an address therein) $ $ $ 11. Stamp Duty Declaration - Please provide a percentage breakdown of fees billed by location as follows; NSW VIC QLD SA WA TAS ACT NT Overseas % % % % % % % % %

3 12. Please state the approximate percentage of the Insured s fee income for the last twelve months that was derived from the following types of work: a) Design of insurance policies, superannuation and other financial contracts % b) Calculation premiums or contributions to be paid by insurance policyholders or superannuation % members c) Advising insurance companies on the level or adequacy of financial reserves % d) Advising insurance companies on distribution of profits % e) Advising on investment policy and asset allocation % f) Assessing demographic influences on financial arrangements % g) Management of superannuation and other employee benefit schemes % h) Advising on sale or purchase of companies or funds % i) All other work (give details) % TOTAL 100% 13. Please list your 3 largest clients; 14. Have you ever or do you currently perform actuarial services for the following companies; Yes No AON Consulting Deloitte Touche Tohmatsu Ernst & Young KPMG Mercer PriceWaterhouseCoopers Finity Consulting Taylor Fry 15. Please state the Limit of Indemnity required under this insurance: amount you require $1,000,000 $2,000,000 $5,000,000 Other $ Claims and Circumstances a) Has any claim been made against the Insured or any principal, partner or director (either as a principal, partner or director of the Insured or of any previous business), consultant or employee in respect of the risks to which this proposal relates? Yes No b) Has the Insured or any principal, partner, director, consultant or employee incurred any other loss or expense which might be within the terms of the Professional Indemnity cover? Yes No If Yes in either case, please give details i) Cost (if any) of Claim paid. ii) Date of Claim or loss Brief details of each Claim or loss or loss insured. iii) Estimated outstanding loss

4 17. What action has been taken to prevent a recurrence of the situation which gave rise to each claim or loss? 18. Is any principal, director, partner, consultant or employee, after enquiry, aware of any circumstances which might: a) give rise to a claim against the Insured or his/her predecessors in business or any of the present or former partners, principals, directors, consultants or employees? Yes No b) result in the Insured or his/her predecessors in business or any of the present or former partners, directors, consultants, employees, or principals incurring any losses or expenses which might be within the terms of this cover? Yes No c) otherwise affect the insurer s consideration of this Insurance? Yes No If Yes to any, please give details, including maximum potential cost. Please attach a separate sheet if necessary. Declaration I/We the undersigned duly authorised person(s) declare that: I am/we are authorised by each of the Insured to sign the Proposal Form; I/we have read the read and understood the Duty of Disclosure and other Notices included in the Important Notices Attachment; the information supplied in this Proposal Form (and any attachments relating to it) is true and correct; I/we understand and acknowledge that Marsh Pty Ltd and the insurers rely on the information contained in this Proposal Form (and any attachments relating to this insurance); except where indicated to the contrary, I/we understand that any statement made in this Proposal Form will be treated by the insurer as a statement made by all persons to be insured; and I/we have read the Privacy Notice in the Important Notices Attachment, and consent to the use, disclosure and obtaining of personal information about the Insured for the purposes shown in the Privacy Notice. Signed Name of Partner(s) or Director(s) On behalf of* Date Insert Name of Firm

5 IMPORTANT NOTICES ATTACHMENT Please read the following important notices before you complete the Proposal Form and before you instruct Marsh Pty Ltd to arrange your insurance. These outline your rights and obligations in relation to entering into contracts of general insurance. insurance contracts. If have any questions about the following general or policy specific* notices, please contact your Marsh representative. DISCLOSURE Your Duty of Disclosure - contracts of insurance subject to the Insurance Contracts Act Before you enter into 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 insurer's decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty to disclose those matters to the insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty, however, does not require disclosure of matters: that diminish the risk to be undertaken by the insurer, that are of common knowledge, that your insurer knows or, in the ordinary course of its business, ought to know, or 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. PLEASE NOTE THAT YOUR DUTY APPLIES ALSO WHEN YOU AMEND, ALTER, VARY OR ENDORSE A POLICY. DISCLOSURE SUBSIDIARY & ASSOCIATED COMPANIES Your Duty of Disclosure - Cover, which is arranged for subsidiary and/or associated companies in addition to, named insureds. If you enter into a contract of insurance on behalf of any subsidiary and/or related company of the named insured, that subsidiary and/or related company has the same duty of disclosure as the named insured. We recommend that you ensure that each subsidiary and/or related company is made aware of the duty of disclosure and given an opportunity to make any necessary disclosures. UTMOST GOOD FAITH Every insurance contract is subject to the doctrine of utmost good faith, which requires that parties to the contract should act toward each other honestly and fairly, avoiding any attempt to deceive in assuming and performing contractual obligations. Failure to do so on the part of the insured may permit the insurer to refuse to pay a claim or to cancel the policy or both. ESSENTIAL READING OF POLICY WORDING We will provide you with a specimen of the policy wording when we provide you with a quotation. We will also provide you with a full copy of your policy when it is received from the insurer. It is essential that you read this document without delay and advise Marsh Pty Ltd in writing of any aspects which are not clear or where the cover does not meet with your requirements. CHANGE OF RISK OR CIRCUMSTANCE It is vital that you advise the insurer of any changes to your company's usual business. For example, insurers must be advised of any mergers or acquisitions, changes in occupation or location, new products or services, or new overseas activities. If you are in doubt as to whether to notify your insurer of a change in business operations, please consult your Account Manager.

6 SUBROGATION Some policies contain provisions that either exclude or reduce the insurer s liability for a claim if you waive or limit your rights to recover damages from another party in relation to any loss. You may prejudice your rights with regard to a claim if, without the prior agreement from your insurers, you make any agreement with a third party that will prevent the insurer from recovering the loss from that, or another party. If you have such agreements, we may be able to negotiate with the insurer to permit them and therefore we request you advise Marsh of their existence. Examples of such agreements are the hold harmless clauses which are often found in leases, in maintenance or supply contracts from burglar alarm or fire protection installers and in repair contracts. If you are in doubt, please consult your Account Manager. UN-NAMED PARTIES Most policy conditions will exclude indemnity to other parties (e.g. mortgagees, lessors, principals, etc.) unless their interest is properly noted on the policy. If you require the interest of a party other than the named insured to be covered, you must specifically request this. PRIVACY NOTICE Marsh Pty Ltd ("Marsh") and the insurer that Marsh places your insurance with ("Insurer") are bound by the requirements of the Privacy Act 1988 as amended by the Privacy (Private Sector) Act 2000 ("the Act"), which sets standards on the collection, use, disclosure and handling of personal information. Personal information is essentially information about individuals where the individual can be identified. It may include information such as your name, contact details, age, insurance history or financial details. Sensitive Information is a particular kind of personal information and includes information about an individual s health; racial or ethnic origins; membership of political, professional or trade associations; political opinions or philosophical or religious beliefs; criminal record; or sexual preferences. Marsh and your Insurer disclose personal information to third parties both in Australia and overseas, where it is believed necessary for us to provide our services to the professional standard you expect. These parties may include (but are not limited to) insurers, reinsurers and other intermediaries. All parties may also disclose this information, as needed, to employers, health workers, investigators, lawyers, loss adjusters and to government departments if required by law to do so. Where practical, information will be collected from individuals directly, however sometimes it may be collected indirectly by way of a representative. When you give Marsh or your Insurer personal information about other individuals, we rely on you to have made them aware that you will or may provide their information to us, the purposes for which we use it, the types of third parties we disclose it to and how they can access it (as described in this notice). If it is sensitive information we rely on you to have obtained their consent to these matters. If you have not done these things, you must tell us before you provide the relevant information. Where required you can access the personal information you provided to Marsh, and we can also facilitate you accessing the information supplied to your insurers through us by contacting: The Privacy Officer ABN Marsh Pty Ltd Tel PO Box H176 Australia Square NSW 1215 privacy.australia@marsh.com WHAT SHOULD I DO IF I HAVE A COMPLAINT? 1. Contact us and tell us about your complaint. We have our own internal dispute resolution procedure, a copy of which is available upon request. In the first instance you should address any concern or complaint to the Marsh representative servicing your account. Alternatively, you may contact the Marsh Complaints Officer on (03) If your complaint is not resolved to your satisfaction, the matter will be referred to the Marsh Complaints Officer to investigate and take appropriate action. You will be advised within 15 working days of our decision. If the matter is complex and a longer period is required you will be informed. 3. We are a member of an external dispute resolution scheme. If your complaint cannot be resolved to your satisfaction by us you may be able to refer the matter to the free consumer service offered by this scheme. The Financial Ombudsman Service Limited (FOS) You may be able to refer your complaint to the FOS which is a national scheme for consumers aimed at resolving disputes between clients and their broker or insureds and their insurance companies or claimants who have a dispute with another person s insurance company in relation to motor vehicle property (i.e. third party) claim. The FOS also provides advice and other information about general insurance matters. If you have any query about whether your complaint can be handled by FOS, call or info@fos.org.au.

7 CLAIMS MADE DURING THE PERIOD OF INSURANCE* Some policies provide cover on a "claims made" basis. This means that claims first made against you AND reported to the insurer during the period of insurance are covered irrespective of when the act causing the claim occurred, subject to the provisions of any clause/s relating to a "retroactive date" (see Notice below titled "Retrospective Cover"). Please note the effect of Section 40(3) of the Insurance Contracts Act If you become aware of facts that may give rise to a claim, and you give written notice to the insurer of those facts as soon as possible (and before the policy period expires), then the insurer may not deny liability for that claim, when made, solely because it was made after the expiry of the policy period. For this reason, you must advise the insurer in writing of all incidents that may give rise to a claim against you without delay after such incidents come to your attention and prior to the policy s expiry date. RETROSPECTIVE COVER* Some policies do not provide cover in respect of claims arising out of acts committed prior to any Retroactive Date specified in the policy wording unless you specifically request and obtain this cover. An additional premium may apply to any extension to the retroactive date. NOT A RENEWABLE CONTRACT* Some policies terminate on the date indicated. We emphasise that such a policy is not a renewable contract. If you require similar insurance for any subsequent period, you will need to complete a new proposal so that terms of insurance and quotation/s can be prepared for your consideration prior to the termination of the current policy.