Glenda has taken a household insurance on her classic Queenslander home in North Queensland. At the time of application, the insurer "URINSURED" asked various questions regarding the house containing questions about the structure, location and existing damage.
In response to these questions, Glenda responded that the house had no existing damage. Though, Glenda had lastly claimed on a past policy on water damage sustained by cyclone activity.
Ten months after containing the policy Glenda suffered damage to her roof resulting from a tree branch.
Required:
1 Advise Glenda whether he will able to rely upon her insurance policy for relief.
2. Suppose that the insurer "URINSURED" agrees to cover Glenda in the mentioned circumstances and Glen signs a release, describe to Glen whether he will be able to make any future claims in relation to this incident under the insurance policy.
3. Suppose the insurer knows about the inherent risks associated with cyclone & storm activity in Northern Queensland would the duty of disclosure still apply?