Terms of Business
TERMS OF BUSINESS – EFFECTIVE 20TH MARCH 2026
This Terms of Business sets out the general terms under which our firm will provide insurance intermediary services to you, the respective duties and responsibilities of both Travers Insurances and you in relation to such services and important regulatory and statutory obligations . Please ensure that you have read these terms thoroughly and if you have any queries, we will be happy to clarify them. This Terms of Business document supersedes any others that we have previously issued to you. If any material changes are made to these terms, we will notify you. Reference hereafter to “we”, “us”, “our” “our firm” means Travers & Co. Insurances Ltd. trading as Travers Insurances; reference to “Product Provider” means any of the following: Insurance Undertaking, Managing General Agent, Wholesale Broker, Underwriting Agency, Insurer, Product Producer.
CONTACT DETAILS
Travers & Co. Insurances Limited, 7 Upper Main Street, Arklow, Co. Wicklow. Y14 KT63.
T: 0402 – 32204 E: info@travers.ie W: www.travers.ie
AUTHORISED AND REGULATORY STATUS
Travers & Co. Insurances Limited forms part of Travers Group Unlimited. Travers & Co. Insurances Limited trading as Travers Insurances is regulated by the Central Bank of Ireland, under reference number C38101, as an
- Insurance Intermediary under the European Union (Insurance Distribution) Regulations 2018.
- Mortgage Intermediary/Mortgage Credit Intermediary authorised under Regulation 31(10) of the European Union (Consumer Mortgage Credit Agreements) Regulations 2016.
We are listed on the Insurance Distribution Register on the Central Bank of Ireland website www.centralbank.ie or you may contact the Central Bank of Ireland on 0818 681 681 to verify our credentials. We are also registered with the Competition and Consumer Protection Commission to act as a Credit Intermediary under the Consumer Credit Act 1995. Copies of our authorisations are available on request and displayed in our public office.
CODES OF CONDUCT
Our firm is subject to and must comply with the Central Bank of Ireland’s Consumer Protection Code, Minimum Competency Code and Fitness and Probity Standards which offer protection to consumers. These codes and standards can be found on the Central Bank of Ireland’s website at www.centralbank.ie.
SERVICES
The services and intermediation activities Travers Insurances provide are advice and assistance in the arrangement and placement of General Insurance products including but not limited to Car, Van, House, Travel, Business, Farm, Motor Trade, Fleet, Haulage, Liability. In addition, we provide insurance related risk management advice, arrange insurance premium finance, assist with claims processing, negotiation and settlement and review your renewal including a requote on your policy to provide you with the best possible terms. On receipt of your instructions, we will transmit orders on your behalf to product providers. A full list of our product providers is available on request.
Fair and Personal Analysis
For most products, we provide advice on a fair and personal analysis of the market i.e. based on a review of a sufficiently large number of contracts and product providers available in the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs. The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers in the market available to us for a particular product or service.
The following are among the criteria that we will consider when conducting a fair analysis of the market:
- the needs of the customer
- the size of the customer order
- the number of providers in the market that deal with brokers
- the market share of each of those providers
- the number of relevant products available from each provider
- the availability of information about the products
- the quality of the product and service provided by the provider
- cost
- and other relevant considerations.
There may be circumstances whereby it is not possible to conduct a fair market analysis such as when:
- urgent cover is required that does not facilitate a full market analysis
- renewal date is within 72 hours or has expired thereby not allowing sufficient time for full market analysis
- consumers request we only deal with a specific product provider
- placement with a specific insurance scheme is considered best in terms of risk eligiblity/suitability
- occupation/business type is such that there is a very limited number of product providers available in the market
- the consumer has already engaged with other product providers so no benefit in conducting wider market analysis
- and other relevant considerations.
We provide the following products on a limited analysis of the market basis; travel, pet and gadget insurance through Cover-More Blue Insurance Services Limited; camper van insurance through Dolmen Insurance Brokers Limited; trade credit insurance through Euler Hermes Ireland trading as Allianz Trade; optional additional motor “extra benefits package” through MIS Underwriting Limited; optional additional commercial “legal expenses” through ARAG Legal Protection Limited. We also have an exclusive wholesale insurance facility with Travelers Insurance dac offering members of the Irish Tyre Industry Association (ITIA) advice on a limited analysis of the market.
Our firm does not have any “tied” relationships with any product providers which would compromise our ability to offer you product advice and choice.
CUSTOMER RESPONSIBILITIES
Your duty of disclosure obligations will differ depending on whether you are classed as a consumer or a commercial customer. Please see appendix to this document with further consumer insurance contract information relevant to consumers including your pre-contractual and post-contractual obligations as well as those of the product provider with whom your cover is placed.
Duty of Disclosure – Consumers
If you are a consumer, you are under a duty to answer all questions which are asked by us or the product provider honestly and with reasonable care and attention. A completed statement of fact/proposal form will be provided to you and you should review and confirm that the answers to all the questions, including any pre-populated sections, are true and accurate.The specific questions contained therein are material in determining if product providers can accept the risk, what terms are applied and what premium is charged. Where you do not provide additional information (after being requested to do so) and continue to pay the premium it will be assumed that the information you previously provided remains unchanged. If you are in any doubt whether a fact is relevant to the question, please contact us.
Any material alteration in risk that occurs after the arrangement of your policy must be disclosed to product providers. A material alteration will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was incepted. It is essential that you should bring to our attention any material alteration in risk. You may lose all benefit and cover under the policy if, since the inception date or the last renewal date (whichever is the latest), there is a material change in your circumstances which alters the subject matter of this policy or the nature of the risk underwritten. Please tell us if anything changes during the period of insurance so we can ensure you are appropriately covered.
Duty of Disclosure – Commercial Non-Consumers
If you are a non-consumer, you have a duty of utmost good faith and you must fully disclose all material facts and information. A material fact is any information which may alter the judgement of a product provider and is likely to affect whether they agree to provide cover or how they assess the risks proposed for insurance. If you are unsure whether a fact or information is material or not, please contact us and we will take the matter up with your product provider.
Any failure to disclose material information to product providers may invalidate your claim, render your policy void and you may encounter difficulty trying to purchase insurance elsewhere. You should also be aware that failure to have property insurance in place, including by way of cancellation, could lead to a breach of the terms and conditions attaching to any loan secured on that property. If you are in any doubt as to whether or not information is material, then it should be disclosed.
Regular Reviews
It is in your best interests that you review, on a regular basis, the policies which we have arranged for you. As your circumstances change, your needs will change which may result in you having insufficient insurance cover. We would therefore advise that you contact us to ensure you are provided with up to date advice and products best suited to your needs.
Claims
You must notify us or the product provider of the occurrence of an insured event, a claim or any potential claim in accordance with your policy terms and conditions. Your policy wording will describe in detail the procedures and conditions in connection with making a claim. The product provider may appoint a loss adjuster to assist them in the processing of a claim. It is important to note that the loss adjuster acts in the interests of the product provider. The product provider may also appoint its own builder or other expert to undertake restitution work on a property or motor vehicle. You may appoint a public loss assessor to act in your interests as a claimant but any such appointment is solely at your own expense.
REMUNERATION AND FEES
Our firm charges professional service fees for the initial work, activity and time spent in the seeking and arrangement of the best terms, advice, product and product provider for your specific needs. A professional service fee is also charged for the activities involved with servicing the renewal of the policy and any alterations made throughout the life of and at termination of a policy. Our Schedule of Fees and Charges noted below is available on our website www.travers.ie and on display in our public office.
Schedule of Fees and Charges
|
Personal Insurance |
Up to €300 |
|
Commercial Insurance
|
Up to 50% of premium or €300, whichever is the greater
|
|
Fees and charges are applied per transaction per policy and are non-refundable in the event of policy cancellation.
|
|
We reserve the right to amend these fees should the complexity of the product require a higher fee. We will confirm and agree any higher fee with you prior to any increased charge being applied. Where it is not possible to provide the exact amount, we will provide the method of calculation of the fee. All fees and charges will be disclosed on our quotation, renewal and invoice documentation If you choose to pay your policy by direct debit/instalments, a service charge and/or administration fee may apply. Some product providers may collect our professional service fees on our behalf under their direct debit plans. Any product provider/third party fees and charges that apply in connection with your policy will be included in the total amount charged, will be non-refundable and disclosed in product provider/third party documentation issued to you.
In some cases, we may agree to work for a specific fee and not collect commission. Where you choose to pay for our services by means of a fee, we will notify you in writing in advance and agree the scale of fees to be charged if different from the fees outlined.
- Directors / Senior Managers €250 per hour
- Account Executives €200 per hour
- Support / Administration Staff €150 per hour
A fee of €25 may be charged for driving experience letters and other duplicate documentation requested by for both existing and past clients. Any bank fees charged on unpaid cheques together with currency transfer differences/shortfalls will be charged back to you and are payable in full together with any other outstanding balances. We will, if necessary, exercise our legal rights to receive any payment of fees due from clients.
We may also earn our remuneration from product providers on the basis of fee, commission and any other type of remuneration, including a non-monetary benefit or on the basis of a combination of these methods. A non-monetary benefit will only be accepted if it enhances the quality of the service to you. In some cases, we may be granted authority from a product provider to conduct tasks on their behalf, for which we will be remunerated. Where we place your business with a product provider under this authority you will be notified in advance of the placement. Where premium finance and direct debits agreements are arranged for you, we may earn additional commission of up to 5% of the financed amount or annual premium. We have partnership arrangements with some product providers that enable us to offer preferential rates for some classes of business. Where an override commission is received, this will be disclosed to you in general terms. Some product providers do not pay a commission.
Clawback
If we receive commission from a product provider and off-set the commission against the fee which we would otherwise have charged you but the commission is subsequently clawed-back by the provider because of the transferring of the assets or business to another provider or in any circumstances consequent on your actions or omissions, we will charge a fee to you that is equal to 100% of the clawed-back commission. That fee will be owing in simple contract upon the claw-back of the commission.
Pursuant to Regulation 68 of the Consumer Protection Code, a summary of the details of all arrangements for any fee, commission other reward or remuneration paid or provided to us which have been agreed with product providers is available in our office or on our website at www.travers.ie. We are committed to ensuring that remuneration does not impair our duty to act in your best interests and to offer the most suitable product to meet your needs and requirements.
PAYMENT / HANDLING CLIENT MONEY
You must pay premiums and fees on the inception date of a contract or on or before the renewal date of the policy, unless otherwise agreed in writing. We accept payment by credit and debit card, cheque, cash and bank transfer. A receipt will be issued to you for all payments received. Monies received will be held in our Client Premium Account. Once a premium is paid to us, and you have been provided with a receipt, these monies are deemed to have been paid over to the relevant product provider. It is an express term of this agreement that we will under no circumstances accept credit card charge backs on payments received from you.
REFUNDS
Should you be entitled to a premium refund under your policy, this will be issued to you within five working days of the date the product provider confirms details to us. We will obtain your written agreement before deducting an administration fee or other charge from a refund due to you. If your initial payment to us was by credit or debit card, we will automatically process any subsequent refund due to you to the same credit or debit card. We may contact you to request your bank account information to allow us process a refund by electronic fund transfer details. Card refunds can take 7-10 working days to be processed by our Merchant Services provider. Cheque refunds are processed twice weekly, sent by post, once lodged they may take up to 8 working days to clear.
From time to time, we may offer you the choice:
- Receiving the refund by card, cheque or electronic fund transfer.
- Receiving a reduction from a renewal or other premium currently due.
- Making a donation of the refund to a local registered charity.
PAYMENT DEFAULT
Our firm will exercise its legal rights to receive payment (fees and insurance premiums) due to us from you for services provided. Without limitation to the generality of the foregoing, we will seek reimbursement for all payments made to product providers on your behalf where our firm has acted in good faith in renewing a policy of insurance for you. Product providers may withdraw benefits or cover or impose penalties and reserve the right to instigate cancellation proceedings in the event of default of any payments due for policies or other products arranged for you. In respect of policies financed through a credit agreement with premium finance providers, please note your insurance company may begin cancellation proceedings once the second payment occurs and your policy may be cancelled 10 days after the date of the second default. In some cases, we may issue the 10-day cancellation letters on behalf of the product providers and these will notify you of cancellation within 10 days. Payment terms and conditions are clearly outlined in policy documents product terms, direct debit, payment by instalment and credit agreements, which you should read carefully and take note of.
PREMIUM FINANCE
We may offer you the option of spreading your insurance costs with a regulated premium finance provider. To facilitate this, we may secure a finance pre-underwriting service for your insurance account which will provide you with an indication of the likelihood of a positive finance approval. However, please note that your application will still be subject to normal underwriting and regulatory checksAs with all credit agreements, terms and conditions apply and we strongly advise you read all documentation relating to a credit agreement before you enter into same and to adhere to the terms of the agreement. Please note your product provider may begin cancellation proceedings once the second payment occurs under a credit agreement and your policy may be cancelled 10 days after the date of the second default. In the event of policy cancellation, any refund premium received from your product provider will be offset against any outstanding balance on your financed loan or against any clawback amount from your finance provider. We will seek payment from you for any balance owed by you in respect of a finance clawback shortfall, alternatively we will refund any balance due to you in respect of a finance clawback surplus. We accept no responsibility for the consequences of defaults or delayed payments or any refusal by a premium finance provider to offer credit. Please be aware that the finance provider may share your information with the Central Credit Register. This information may be used by other lenders when making decisions on any future credit applications or agreements you may enter into. Details on this can be viewed at www.centralcreditregister.ie.
QUOTATIONS
All quotations and cover provided are subject to acceptance by the relevant product provider. Written quotations will state how many days they are valid for. Quotations are indicative only and the final premium can only be confirmed upon receipt and acceptance by product providers of the statement of fact/proposal form and other relevant documentation.
OPTIONAL ADD-ON INSURANCE PRODUCTS
At the inception of a new policy or on a subsequent renewal we may offer you various optional insurance products or services. Any such optional covers or benefits will be clearly indicated to you and the cost will be shown separately on our documentation. If you wish to avail of these optional extra covers or benefits, please inform us or remit the appropriate premium. You do not have to purchase the optional products in order to purchase the insurance product. If the main insurance product is cancelled mid-term, the premium paid for the optional insurance product is not refundable.
COVER INSTRUCTIONS
Cover instructions by phone, text, email or post in respect of new and/or existing policies cannot be deemed to be in force until such time as verbal or written confirmation has been issued by us
STATEMENT OF FACT/PROPOSAL FORM
Completed statements of fact/proposal forms will be provided to you. The statement of fact/proposal form is an important document as it forms the basis of the insurance contract between You and the Product Provider. Where a statement of fact/proposal form/claim form is completed by you and/or is completed on your behalf, the accuracy of all answers, statements and information will be your sole responsibility. You should ensure that the answers contained within are true and accurate and retain a copy in a safe place.
POLICY DOCUMENT
Once insurance cover is incepted and renewed, a policy document will be issued to you. This sets out in detail the conditions, endorsements, terms, conditions, exceptions and warranties of the policy. It is your responsibility to carefully read this along with the policy schedule and other documentation provided and immediately contact us if you have any queries.
COOLING OFF PERIOD
A consumer has the right to withdraw from an insurance policy during ‘the cooling-off period’. Should you wish to exercise this right, you need to give notice to us in writing quoting your policy number.
- If we have not met face to face you may cancel the contract within 14 days of the start date of the policy.
- If we have met face to face, you may cancel the contract within 14 working days after the date you were informed the contract is on cover.
Please note the product provider may charge for the period you are on cover. We reserve the right to retain our fee in the event that you cancel your policy. No refund will apply if a claim has occurred or been notified on the policy. In the case of cancellation of motor insurance, you must return the certificate of insurance and windscreen disc to us before the policy can be cancelled or monies refunded. This right to cancel does not apply where the duration of the contract is less than one month.
POLICY CANCELLATION
You can cancel your policy at any time by giving notice in writing subject to the terms and conditions set out in your policy. Product providers reserve the right to cancel policies at any time, in accordance with the terms and conditions set out in your policy document, by giving appropriate notice to your last known address. In the event of cancellation, you may be entitled to a proportionate refund of the premium for the un-expired period of insurance. We reserve the right to retain our fee in the event that you cancel your policy. If there are any outstanding monies due to us, the refund premium will be offset against the outstanding balance and the remainder, if any, refunded to you. If the policy is on a minimum and deposit basis, as per your policy schedule, no refund will apply. If you cancel during the first year (outside of the cooling off period) higher short-term rates may apply. Refer to your policy terms and conditions. If there has been a claim made or incident that may give rise to a claim during the period of cover, no refund will apply. In the case of cancellation of motor insurance, you must return the certificate of insurance and windscreen disc to us before the policy can be cancelled or monies refunded. The firm will exercise its legal rights to receive payment of any outstanding premium and fee monies due to us following policy cancellation.
Our firm reserves the right, notwithstanding delivery of the policy document or receipt of same by you, to cancel your policy in the event of the following:
- Non-payment of insurance premiums and fees due, in whole or in part, at inception, renewal or following an alteration.
- Default of payments under a Direct Debit or Premium Finance agreement.
- Non-disclosure of relevant or material information
- Provision of incorrect or inaccurate information
- Returned cheque due to insufficient funds or for any other reason.
- Non-return of necessary documentation within the required timeframe
MONEY LAUNDERING
Our firm reserves the right to request additional information that may be required in order to comply with the Anti-Money Laundering requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended by the Criminal Justice Act 2013, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Acts 2018 and 2021. Any suspicious transactions identified will be reported to the relevant authorities.
CONFLICTS OF INTEREST
It is the policy of our firm to avoid any conflicts of interest when providing products and services to you. Where an unavoidable conflict of interest arises, we will advise you of this in writing, agree with you the most appropriate way in which to address and/or manage the conflict and request your written consent before providing you with any service. In some cases, we may be a party to an arrangement with product providers where we provide extra services for them. Agreements to this effect are in place with Brokerline Direct and The Broker Federation of Ireland. Any business placed on your behalf under these arrangements are at the time of placement the most suitable to meet your requirements and taking all relevant information, demands and needs into account. A copy of our conflicts of interest policy is available on request.
COMPLAINTS PROCEDURE
Upon receipt of an oral verbal complaint, we will provide the option to have the complaint addressed through the firms established complaints procedure. We will permit and facilitate submission of complaints in writing by post and by electronic means We will acknowledged your complaint in writing within 5 working days and we will fully investigate it. We shall investigate the complaint as swiftly as possible and you will receive an updated on the complaint at intervals of not greater than 20 working days starting from the date on which the complaint is madeOn completion of our investigation, we will provide you with a written report of the outcome. In the event that you remain dissatisfied with the handling of and/or response to a complaint you may refer the matter to the Financial Services and Pensions Ombudsman (FSPO) at https://www.fspo.ie or 01-567 7000. A full copy of our complaints procedure is available on our website at www.travers.ie and on request.
CONSUMER PROTECTION
Investor Compensation Scheme
Our firm is a member of the Investor Compensation Scheme established under Section 38 of the Investor Compensation Act 1998 and operated by the Investor Compensation Company Ltd. (ICCL). Compensation may be payable where money or investment instruments owed or belonging to Clients and held, administered or managed by the firm cannot be returned to those Clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.
A right to compensation will arise only:
- If the Client is an eligible investor as defined in the Act; and
- If it transpires that the firm is not in a position to return Client money or investment instruments owned or belonging to the Clients of the firm; and
- To the extent that the Client’s loss is recognised for the purposes of the Act.
Where an entitlement to compensation is established, the maximum compensation payable will be the lesser of:
- 90% of the amount of the Client’s loss which is recognised for the purposes of the Investor Compensation Act;
or
- €20,000.
For further information, contact the Investor Compensation Company DAC at www.investorcompensation.ie or 01-244 4485.
Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC)
Our firm is also a member of the Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC). Subject to the rules of the scheme the liabilities of its member firms up to a maximum of €100,000 per Client (or €250,000 in the aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any Client of the member. Further details are available on request.
FINANCIAL INTEGRITY OF PRODUCT PROVIDERS
While our firm endeavours to recommend the most appropriate policy and product provider for your insurance requirements, we do not and cannot guarantee the solvency or continuing solvency of any product provider used and Clients should note that the financial position of a product provider could change after policy cover has been arranged.
DATA PROTECTION
We are subject to the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. Our firm is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a customer of ours. The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Privacy Statement; this is available on our website at www.travers.ie and on request. Please contact us at dataprotection@travers.ie if you have any concerns about your personal data.
COMMUNICATION & MARKETING
We offer you the choice of receiving communication (including documentation) either on paper or another durable medium such as email, SMS. Where you have chosen to provide us with your email address and/or mobile number, you agree that we can communicate and contact you using electronic means. We may contact you from time to time (by email, post, phone or SMS). In relation to policy administration and alterations, discussion of renewal terms, claims handling and (where you have given your consent) marketing. When you request a quote from us, we will ask for your consent to allow us contact you for a period of up to 12 months in relation to that quote. For more information, refer to our privacy statement on our website at www.travers.ie.
Where you have given your consent to receive direct marketing, we may contact you (by email, post, phone or SMS) about products, services and offers which may be of interest and/or of benefit to you, these will strictly be in the context of insurance. You have the choice to opt out of direct marketing by us and can withdraw your consent to marketing at any time by writing to Travers Insurances, 7 Upper Main Street, Arklow, Co. Wicklow or by e-mailing dataprotection@travers.ie. Alternatively, you can click on the opt-out/unsubscribe link in marketing communications we send you. If you have more than one email address, contact number or address, please make sure to notify us of all of these if you wish to opt out and keep us informed of any changes to your contact details. Please note that opting out from marketing communications may take a number of days to take effect. Your choice will not affect any of the other services we provide to you, now or in the future.
CALL RECORDING AND CCTV
All telephone calls, inbound, outbound and follow up calls, may be recorded for quality, training and information verification purposes and to help detect fraud. CCTV recording is also in place in our office for security, quality, training and verification purposes. All data captured by the CCTV is managed in accordance with the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.
LIMITATION OF LIABILITY
It is an express term of this agreement that the maximum liability of Travers & Co. Insurances Ltd. to you or any third parties shall not exceed €5 million in respect of each and every claim. Where you fall under the definition of Consumer under the Central Bank of Ireland’s Consumer Protection Code, nothing may exclude or restrict any legal liability or duty of care we owe to you in connection with the provision of financial services; any duty we have to act with due skill, care and diligence on your behalf; or any liability owed for failure to exercise the degree of skill, care and diligence that may reasonably be expected of us in the provision of financial services.
Travers & Co. Insurances Limited trading as Travers Insurances is regulated by the Central Bank of Ireland.
TOBV03.26
Consumer Insurance Contracts Act 2019 (CICA)
Your Rights and Duties – only applies to Consumers.
Definition of Consumer
As defined under CICA, by the Financial Services and Pensions Ombudsman Act 2017:
Consumers are natural persons not acting in the course of business, and sole traders / partnerships / trust clubs / charities / incorporated bodies with an annual turnover of €3 million or less in its previous financial year.
CICA does not apply to non-consumer commercial clients with an annual turnover of €3 million or more and therefore they do not have the duties and rights under this Act.
Duty of Disclosure
You are under a duty to answer all specific questions that are asked, by us and/or the insurer, honestly and with reasonable care and attention. The test will be that of the ‘average consumer’. Average consumer as per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2025 is reasonably well informed and reasonably observant and circumspect. Taking into account social, cultural and linguistic factors.
When completing documentation for new policies, renewals and mid-term alterations, you are required to answer all
questions honestly and with reasonable care and attention. Completed proposal forms or statement of facts will be
provided to you. These are important documents as they form the basis of the insurance contract between you and the
insurer. You should review and confirm the answers contained within and you must let us know immediately if the answers
are not true or accurate.
You are not under a duty to volunteer any information over and above what is asked in these questions.
Where you do not provide additional information (after being requested to do so) it can be presumed that the information
previously provided remains unchanged.
If you do not answer these questions honestly and with reasonable care and attention, the insurer may use the remedies available to them, including any remedies under the Act (and any subsequent amending legislation) which may include the remedy to cancel the contract, reject a claim or to limit the amount they pay in the event of a claim.
New Business & Renewal
You may cancel a contract of insurance, by giving notice in writing to the insurer, within 14 working days after the date you were informed that the contract is concluded.
If you have taken out a general insurance contract, and we have not met face to face during the process, you may cancel the contract by giving notice in writing to us within 14 days after the date you were informed the contract is on cover.
If you have taken out a general insurance contract, and we have met face to face during the process, you may cancel the contract by giving notice in writing to the insurer within 14 working days after the date you were informed the contract is on cover.
The giving of notice of cancellation by you will have the effect of releasing you from any further obligation arising from the contract of insurance. The insurer cannot impose any costs on you other than the cost of the premium for the period of cover. This right to cancel does not apply where, in respect of general insurance, the duration of the contract is less than one month.
You are under a duty to pay your premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
A court of competent jurisdiction can reduce the pay-out to you if you are in breach of your duties under the Act, in proportion to the breach involved.
Post-Contract & Claims
You must notify the insurer of a claim and of any incident which may give rise to a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
You must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner.
If you become aware after a claim is made of information that would either support or prejudice the claim, you are under a duty to disclose it. (The insurer is under the same duty).
If you make a false or misleading claim in any material respect (and know it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract.
Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of both you and the Insurer when the contract was concluded.
An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non
disclosure of material information was an effective cause of the Insurer entering into the relevant contract of insurance and
on the terms on which it did.
An insurer may refuse a claim made by you under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover.
Where an insurer becomes aware that a consumer has made a fraudulent claim, they may notify the consumer advising that they are voiding the contract of insurance, and it will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.
A court of competent jurisdiction can reduce the pay-out to you if you are in breach of your duties under the Act, in proportion to the breach involved.
If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished to the insurer, the claim settlement deferment amount cannot exceed:
- 5% of the claim settlement amount where the claim settlement amount is less than €40,000;
or
- 10% of the claim settlement amount where the claim settlement amount is more than €40,000.