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5. You must help us to make any recoveries
We have the right to recover, from any other party in your
name, money payable under the policy or to choose to defend
any action brought against you. You must provide reasonable
assistance to us.
We will apply any money we recover from someone else under a
right of subrogation in the following order:
1. To us, our costs (administration and legal) arising from the
recovery
2. To us, an amount equal to the amount that we paid to you in
respect of any of the covers provided
3. To you, your uninsured loss (less your excess)
4. To you, your excess.
Once we pay your total loss, we will keep all money left over.
If we have paid your total loss and you receive a payment from
someone else for that loss or damage, you must pay us the
amount of that payment up to the amount of the claim we paid
you.
If we pay you for lost or damaged property and you later recover
the property or it is replaced by a third party, you must pay us
the amount of the claim we paid you.
6. Other insurance
If you are insured, or entitled to receive a benefit or make a
claim, under any other insurance policy in respect of the same
loss as your claim under our covers, then:
• you must give us full details of the other insurance policy,
• to the extent permitted by law, we will not be liable to
provide indemnity until the indemnity amount under any
other policy is exhausted, or
• we may seek, from the other insurer, contribution for any
amounts we have paid.
7. Subrogation
We may, at our discretion, undertake in your name and on
your behalf, control and settlement of proceedings for our own
benefit to recover compensation or secure indemnity from any
party in respect of any of the covers provided.
You are to assist us and give us permission to do everything
required to recover compensation or secure indemnity
from other parties, to which we may become entitled or
subrogated, upon us accepting your claim in respect of any
of the covers provided.
This is regardless of whether we have yet paid your claim,
whether or not the amount we pay you is less than full
compensation for your loss or whether your claim is paid under
a non-indemnity or an indemnity clause.
• If there is a delay in claim notification, or you do not provide
sucient detail for us to consider your claim, we can reduce
any claim payable by the amount of prejudice we have
suered because of the delay.
• You must at your own expense, supply any documents
in support of your claim, which we may request. This can
include proof of your residential status and age, proof you
are eligible for insurance cover (e.g. your credit card account
statement and credit card receipt to confirm your eligibility
for the insurance), an original police report, receipts,
valuations and a repair quote. If required we may ask you to
translate into English any documents to enable us to assess
your claim.
• For claims relating to a mobile phone or device with phone
capabilities you must supply us with the IMEI (International
Mobile Equipment Identity). You must also block the IMEI
number (by Australian telecommunication providers) of the
stolen or lost mobile phone or device.
• You must co-operate fully in the assessment or investigation
of your claim.
• When making a claim, you have a responsibility to assist
us and to act in an honest and truthful manner. If you or
anyone acting on your behalf uses fraudulent, false or
exaggerated means to make a claim under this policy, we
may not pay the claim in whole or in part. We may inform
the Commonwealth Bank of the situation and you may no
longer be eligible for any (or all) of the covers in this booklet.
We may also report you to the appropriate authorities and
you may be prosecuted.
• If we agreed to pay a claim under your policy we will base
any claim payment on the Goods and Services Tax (GST)
inclusive costs (up to the relevant limits of liability). If you are
entitled to claim an input tax credit in respect of a cost for
which a claim is made, or would be entitled to an input tax
credit if you were to incur the relevant cost (i.e. in replacing a
lost or stolen item), the amount we would otherwise pay will
be reduced by the amount of that input tax credit.
3. Claims are payable in Australian dollars
All claims and amounts payable are paid in Australian dollars at
the rate of exchange applicable at the time the expenses were
incurred. We will pay you unless you tell us to pay someone else.
Payment will be made by direct credit to an Australian bank
account nominated by you.
4. If you can claim from anyone else, we will only make
up the dierence
In the case that policy condition 6. Other insurance does not
apply, if you can make a claim against someone in relation to
a loss or expense in respect of any of the covers provided and
they do not pay you the full amount of your claim, we will make
up the dierence. You must claim from them first.