P 1800 096 829 F 1800 096 680 A.F.S Licence 244370 A.C.N 096 939 169 IMPORTANT NOTICE 1. How to Complete This Form 2. Your Duty of Disclosure Your duty however does not require disclosure of a matter: that diminishes the risk to be undertaken by the insurers; that is common knowledge; PROPOSAL FORM Professional Indemnity Insurance FOR Contractors working on mine sites and associated activities This Proposal Form must be typed, or completed in ink and signed and dated by the Proposer: Please answer every question fully, and state NIL or NONE as applicable. Incomplete answers may not be accepted and can delay quotation. Should there be insufficient room in the Proposal Form for full details, please use the additional information section at the end of the Proposal. Please also attach any supporting information which you feel may assist us in understanding your professional business practice Before you enter into a contact of general insurance with any insurer, you have a duty, under the Insurance Contracts Act 1984, to disclose to the insurer every matter you know or could reasonably be expected to know to be a matter relevant to the decision of the insurer whether to accept the risk 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 insurance. that the insurers know or, in the ordinary course of business as insurers, ought to know; or as to which compliance with your duty is waived by the insurers. The requirement of full and frank disclosure of anything which may be material to the risk for which you seek cover (for example, claims, whether founded or unfounded), is of the utmost importance with this type of insurance. If you do not understand any part of this Proposal Form, seek advice from your professional insurance adviser, as you will be bound by your answers and any the information provided by you. 3. n-disclosure If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce their liability under the contract in respect of a claim. If your non-disclosure is fraudulent, the insurer may also have the option of avoiding the contract from its beginning. Mining Proposal 0512 1
4. Claims Made & tified Insurance This insurance is written on a claims made and notified basis. This means that the insurer indemnifies you for Claims (as defined) that are made against you during the period of insurance and notified to the Insurer during the period of insurance. The policy does not provide cover for any claims made against you during the period of insurance if at any time prior to commencement to the period of insurance you became aware of facts which might give rise to those Claims being made against you. Section 40(3) of the Insurance Contracts Act 1984 provides that where you gave notice in writing to the insurer of any facts that might give rise to a Claim against you as soon as reasonably practical after you become aware of those facts, but before the expiry of the period of insurance, the insurer cannot refuse to pay a Claim which arises out of those facts, when made, because it was made after the period of insurance had expired. The policy does not cover your civil liability for breach of professional duty arising from any claim: first made prior to the inception of the Policy; directly or indirectly based upon, or attributable to, or in consequence of, any incident, occurrence, fact or matter which you knew or ought or should have reasonably known, had the potential to give rise to a claim under the Policy; or directly or indirectly based upon, or attributable to, or in consequence of any fact, matter, circumstance or occurrence which has been notified under any other insurance attaching prior to the inception date of the Policy. 5. Retroactive Date The proposed insurance may be limited by a retroactive date. If so, the policy will not cover any claims or circumstances arising from any events, omissions or conduct prior to such retroactive date. 6. Subrogation Where you have prejudiced the insurers rights to recover a loss from another party, this may have the effect of excluding or limiting the insurers liability in respect of that loss. 7. Change in Risk or Circumstances You should advise the insurer(s) as soon as practicable of any material change in your business activities (as disclosed in the Proposal Form). 8. Privacy New privacy legislation took effect on 21st December 2001. The legislation regulates the way private sector organizations can collect, use, keep, secure and disclose personal information. We have developed a privacy policy that explains what sort or personal information we hold about you and what we do with that information. Please refer to our website for a copy of our Privacy Statement. 9. Completeness of Answers ANSWER ALL QUESTIONS TO THE BEST OF YOUR KNOWLEDGE AND BELIEF. DO NOT LEAVE ANY QUESTIONS UNANSWERED. ALL MATERIAL FACTS MUST BE DISCLOSED, AS FAILURE TO DO SO MAY NULLIFY ANY POLICY OR CERTIFICATE ISSUED. IF YOU CONSIDER THAT ANY QUESTION REQUIRES KNOWLEDGE WHICH YOU ARE UNABLE TO PROVIDE, INDICATE THIS IN YOUR ANSWER OR ASK HIGH STREET UNDERWRITING AGENCY PTY LIMITED FOR ADVICE. Copies of the Proposal Forms should be retained for your records. Mining Proposal 0512 2
YOUR DETAILS 1. Name Commencement date of Insured (Full names of all entities requiring cover including trading names): business 2. Contact Details Business Address: Suburb: State: Postcode: Phone: Fax: Mobile: Email: Website: 3. Particulars of all persons giving advice on behalf of the business (please attach CV's) Name Age Qualifications Years Experience - If there is not enough space provided, please use the additional information page at the end of this form. 4. Staff Numbers Please provide total number of: Partners/Directors/Principals: (b) Professionally Qualified staff: (c) Trade qualified (or training) Staff: (d) Other Staff: PERIOD, LIMITS AND EXCESS OF INSURANCE 1. Period of Insurance Insurance cover is needed from: to: 2. Insurance Limits For what Limit/s of Indemnity are quotations required? $2,000,000 $5,000,000 $10,000,000 Other - Please specify: 3. Excess There will be a minimum level of uninsured excess. Is a quotation required with a voluntary excess to achieve a premium saving? Please select as appropriate: $2,500 $5,000 'Other - Please specify: $10,000 Mining Proposal 0512 3
BUSINESS PARTICULARS 1. Business Description & Other Please provides a full description of your business activities, including any activities undertaken in the last six (6) years not currently undertaken; and any new activities planned in the next 12 months: (b) Do you carry out any underground work? - If '', please provide further details below: (c) Do you provide any reports or is any professional advice given? - If, please supply sample copy of report given (d) Is any of the work for which you are responsible subcontracted? (e) Do you ensure that all subcontractors carry professional indemnity insurance? (f) Have you entered into a written contract with the mine/s? - If yes please enclose a copy of the Insurance section of the contract. Plus any other Section relevant to assessing the risk. 2. Fee Income Information Please provide details of professional gross fees received below: Description of Professional Service Provided Last Year Current Year (Month/Year) (Month/Year) / / (b) Percentage of work undertaken overseas (Last Year): USA/Canada % Elsewhere Overseas % (c) Please provide a percentage split of your FEE income by geographical area: NSW % SA % ACT % VIC % WA % TAS % QLD % NT % Overseas % 3. Claims / Insurance History Are you currently insured for Professional Indemnity insurance? - If '', please advise: (i) Name of Insurer(s): (ii) Limit of Indemnity: (iii) Retroactive Date: (iv) Premium (excl GST & Stamp Duty): (v) Excess: (vi) Rnewal Date: Mining Proposal 0512 4
(b) Has the Firm (or its predecessors or any past or present principal or director) had any insurer decline a proposal, impose special terms or had a similar insurance cancelled or refused to renew? - If '', please provide further details below: (c) Has any claim for professional negligence, error or omission ever been made against the Firm and or Partners/Directors/Principals or Employees and or their predecessors in the Firm whether insured or not? - If '', please provide further details below: (d) If an insurance similar to that now proposed has been or is now in effect would any claim which has been made or which is now pending against any persons proposed for insurance fall within the scope of such insurance? -If, please give details including date and cost/estimated cost of claim/loss: -If, what steps have been taken to prevent a recurrence? (e) Is any person aware, AFTER ENQUIRY, of any circumstances or incidents which he/she has reason to believe might give rise to any claim against the Firm or any Directors, Officers or Employees of the Firm? -If, please give details including date and cost/estimated cost of claim/loss: Mining Proposal 0512 5
DECLARATION 1. 2. I am authorised to complete this Proposal Form and to accept the quotation terms for this insurance on behalf or the Firm referred to above (including on behalf of its partners, principals and directors); and All answers to the questions contained in this Proposal Form are, AFTER ENQUIRY, true and correct to the best of my knowledge and belief and that no material facts have been misstated, omitted or suppressed; and 3. 4. I have received the Important tice at the beginning of this Proposal Form and I have read and understood the contents therein; and I understand that, up until a contract of insurance is entered into, I am under a continuing obligation to immediately inform the Underwriters of any change in the particulars or statements contained in this Proposal Form or accompanying documents; and 5. I understand that the submission of this Proposal Form does not bind either the Underwriters or the Firm specified above to enter into a binding contract of insurance. Signed: (Please print and sign in pen) Capacity: Company: Date: Signing of this Proposal Form does not bind the Proposer or Underwriters to complete a contract of Insurance. Form Return Details Please return the completed form to your Insurance Broker For Brokers and Direct Clients only, please return this form to one of our team members below: Sydney Vikram Choudhry vikram@hsua.com.a Perth Arthur Payne arthur@hsua.com.au Melbourne David Pool david@hsua.com.au Brisbane Alan Whittle alan@hsua.com.au P 1800 096 829 F 1800 096 680 W www.hsua.com.au & www.miningliabilityinsurance.com.au Mining Proposal 0512 6
ANY ADDITIONAL INFORMATION YOU WISH TO PROVIDE Mining Proposal 0512 7