Samantha owned a house in Altona. In December 2021, her home was broken into, and the intruder made off with $50,000 in cash and valuables. The property's home and contents insurance coverage was provided by Super Easy Insurance in January 2018. Since then, it has been renewed every year. Her insurance was recently renewed in November 2021. Samantha's spouse completed the original insurance proposal. Samantha makes a claim for the stolen property.

Super Easy's Home and Content Insurance Proposal Forminforms the person who wants to get insurance:

Before you enter into a contract of general insurance with us, you have a duty to disclose to us every matter that you know, or could reasonably be expected to know, is relevant to our decision on whether to accept the risk of insurance and, if so, on what terms. This includes facts that are not subject to questions in this proposal.

You have the same duty to disclose those matters to us before you renew, extend, vary or reinstate acontract of general insurance.

Please answer ALL the questions fully.

In the next part of the proposal, it asks Samantha the following questions:

Question 1: Has any insurance company refused to meet a claim lodged by you or by any person named as the proposer herein, in respect of home and contents insurance?

She answered, "No." Her vehicle insurance claim, however, had previously been declined due to policy exclusions. She didn't think this had anything to do with her home and contents insurance.

Question 2: Do you share the building with anyone who is not a member of your family?

She answered, "No". She claimed that renting a spare bedroom in her property to university students for a trimester did not constitute sharing because the tenants were only there for a trimester.

Question 3: Have any of the applicants, or any person who will receive insurance cover under the proposed policy, been convicted of any criminal offences during the last 4 years?

Despite having been convicted ofdrink driving four years ago, Samantha responded"No". Samantha said that she lied about her lack of a drink driving history because she found the convictions humiliating and personal and didn't believe they had any bearing on her current insurance claim.

Furthermore, since the issuance of the policy, the following facts have emerged that were not notified to the insurer:

1. Samantha and her family decided to build a man cave extension after obtaining the necessary building permit from their council.
2. It was discovered that the house does not have a security alarm, which Samantha was planning to get installed right after getting the policy but did not manage to get around to doing so.

Based on the above:

1. HasSamantha failed to comply with her duty of disclosure and duty not to misrepresent in regard to her claims history, house sharing, and previous criminal record in relation to her insurance application?(8 marks)
2. Explain the consequences of any breach under Insurance Contracts Act 1984(Cth). (7 marks)