Chap 5-7 Flashcards
What is the minimum required limit of indemnity for EL policies
£5m
What is the Consumer Rights Act 2015?
Contract terms + notices must be fair
Unfair term will not be binding on consumer
What is the Contracts (Rights of Third Parties) Act 1999?
Gives 3rd party right to enforce a contract if:
- the 3rd party is expressly identified by name/description/class
- the contract makes express provision for the enforcement
What is Insurance Premium Tax?
Standard: 12%
Higher: 20%
Higher = for travel insurance, express warranty, those sold in conjunction w/ purchase of vehicles/electrical appliances
Insurer responsible for collecting + paying generally quarterly
What is exempt from Insurance Premium Tax?
- Most long-term insurances
- (re)insurance on ships, aircraft + international goods in transit
- Most risks outside UK
IPT: £1000 premium, 20% brokerage + standard IPT - what happens?
Client pays broker £1000 + £120 IPT (12%)
Broker keeps £200 (20%) + pays UWR £800 + £120 IPT
What is the Senior Managers + Certification Regime (SM + CR)? (+ 3 parts)
Focuses on most senior individuals
3 parts:
- Senior Manager’s Regime (rules by PRA + FCA - must be approved by regulators)
- Certification Regime (‘significant harm function’ - approved by firm, certify annually)
- Rules of Conduct
According to SM+CR, when establishing if an individual is ‘fit and proper’, they must demonstrate..
- honesty, integrity and reputation
- competence and capability
- financial soundness
Compulsory insurances: USA, Turkey, Aus, Germany
USA: worker’s comp, motor insurance for commercial vehicles
Turkey: earthquake risks for property owners
Aus: 3rd party motor insurance
Germany: 3rd party liability insurance
What are the 3 ways agency can be created in law?
- Agreement
- Ratification
- Neccesity
What is a Single Tied Agent, vs a Multi-Tied Agent?
Single: A representative of the insurer, not the insured
Multi: Similar, but agent is selling a number of different insurers’ products (but only one per insurer)
Cannot offer independent advice to a client about products in the wider market
What is an Open Market Correspondent?
An intermediary, but not a Lloyd’s approved coverholder - introduce business to Lloyd’s directly or via Lloyd’s broker
What is a risk transfer TOBA?
Any money, once collected by the broker, is deemed paid to the insurer, even though it is not physically in their bank account
(Under IDD) What information must brokers disclose on remuneration received to the client?
- the nature of it
- the basis of it (fee/brokerage)
A client has agreed to pay a broker a flat fee for its services. When must this be agreed?
Before the client incurs any fees