CH. 9 Flashcards
compulsory insurance and statutary regulations
In the UK, the government acts as an insurer, by providing certain benefits for individuals, what benefits are these
The benefits include, welfare benefits, unemployment benefits and retirement benefts
What are the compulsory insurance for Private Individuals in the UK
- Motor Insurance
2. Public Liability in respect of ownership of dangerous animal or dangerous dogs
What are the compulsory insurance for Professions and businesses in the UK
- Motor Insurance
- Employer Liability if company has employees
- Public Liability for specific trades and professions
- Professional Indemnity for solicitors and other professionals including insurance intermediaries
- Marine Pollution Liability is compulsory for operators of nuclear reactors
What are the main reasons why certain forms of insurance are compulsory in particular cases
- To provide funds for compensation- main objective is to provide means by which an injured or suffering loss, through someone else’s fault may receive compensation
- In response to national concern
What did the Employers Liability Act of 1969 comprise of
It made is compulsory for employers in the Great Britain to effect Employer’s Liability Insurance. This insures them against their liability to pay compensation to employees who sustain bodily injury or disease arising out of and in the course of their employment.
Their some exceptions including family members and gov’t agencies. Minimum required limit of 5Million Pounds, Insurance market provides 10 million as standard
What did the EMployer’s Liability Regulation 2008 change
It changed and removed the requirement for employers to retain and display certificates for a specified period at each place of work
What does the road traffic act 1988 state
It stipulates that it is illegal to cause or permit the use of vehicle on any other public place unless an insurance policy is in force, covering third party damage and third party bodily injury or death
Who has an influence in the area of compulsory motor insurance in the U.K
The European Union
Give an example of an subsequent changes to the UK Law that have been prompted by the EU directives
Compulsory third party property damage cover and requirement to be able to trace the insurer of a vehicle from its registration plate
How many EU motor insurance derivatives were brought into the UK law between 1973 and 2007
Five EU motor insurance derivatives consolidated by the Codified Motor derivatives introduced in 2009
what amendment did the deregulation act 2015 make for the Road Traffic Act
The following are the amendments;
- insurance certificate must be delivered to the policy holders , but delivery will no longer require for the policy to be effective
- Where policy is cancelled mid-term, the policyholder is no longer required to return the certificate or make a statuary declaration or any statement acknowledging policy has ceased to have effect( not doing so is not an offense)
- Insurers are relived of the burden of requesting policyholders to surrender certificates for the cancelled policies as a prerequisite of avoiding contractual liability
What is a valid evidence of Road Traffic Act of 1988 for motor insurance
The certificate of motor insurance
When did the Deregulation Act 2015, come into effect
It came into effect on the 30th June 2015
what is the key role of the Motor Insurer’s Role
There key role is handling motor insurance claims for compulsory motor insurance
which is one of the provision of the Riding Establishment Act 1970
It stated that all proprietors of riding establishment must have public liability Insurance
For Liability insurance against wild animals and dangerous dogs, which act don’t include the nature and scope of this insurance
- The Dangerous Wild Animal Act 1976
2. The Dangerous Dogs act of 1991
Generally why are insurers not willing to issue policy that would cover liability arising out of ownership of a wild animal or dangerous dogs
This is because if they did so then it would amount to selection among insurers. Instead the insurer would probably be prepared to insure the risk as an extension to another insurance policy held by the insured. such policies include household policy where it would be covered in the public liability section/policy.
Professional Indemnity Insurance
This insurance is compulsory for solicitors/accountants, insurance intermediaries who are authorized by the FCA
Solicitors (Amendment) Act of 1974
This states that Professional Indemnity Insurance is compulsory for solicitors. This insurance indemnifies solicitors against claims of financial loss suffered by client as a result of professional negligence from the solicitor
Are Appointed Representatives and Introducer appointed representatives required to have Professional Indemnity Insurance
no, they are not required, since everything they do is undertaken for an insurer or an intermediary that is responsible for their action. However Insurance intermediaries authorized by the FCA must have PI insurance
What is the current minimum limit for PI insurance for insurance intermediaries
The current limit is 1 million pound to 1.5 million pound, although all firms should consider their potential liability and purchase sufficient insurance cover
What are the reasons PI insurance has grown over the years in London
- the rising cost of legal services
- adverse judicial decisions
- retrospective legislation which may move the goalposts ti the determinant of insurers
The Unfair Term in Consumer Contracts Regulations 1999(UTCCRS) consisted of
These regulations applied, with certain exception, to contracts between a consumer and supplier
The Consumer Right Act 2015
Consolidates and clarifies existing consumer legislation on unfair contract terms, remove conflicts overlaps between UTCCRs and unfair contract terms act 1997.
This provision covers both Consumer contract and consumer notices