Chapter 2 - The Insurance Market Flashcards
A - Market Structure
- Who are the main five participants in the insurance market?
Buyers (policyholders/insureds)
Insurers (sellers)
Intermediaries (those who bring buyers and sellers together, such as brokers)
Aggregators (most visible such as price comparison websites)
Reinsurers (a further means of spreading risk)
A - Market Structure
- Who do buyers interact with?
Intermediaries & Insurers
A - Market Structure
- Who do Intermediaries interact with?
Buyers, Insurers and Reinsurers
A - Market Structure
- Who do Insurers interact with?
Buyers, Intermediaries, Reinsurers
A - Market Structure
- Who do Reinsurers interact with?
Intermediaries and Insurers
A - Market Structure
- Give examples of Intermediaries and state if they’re authorised or exempt.
Appointed representatives (exempt)
“Other” professionals (exempt)
Lloyds brokers (authorised)
Brokers (authorised)
Agents (authorised)
A - Market Structure
- Give examples of Insurers
Direct insurers
Mutual indemnity associations
Captive insurance companies
Lloyds
Composite and specialist insurers
The State
A - Market Structure
- Give examples of Reinsurers.
Reinsurance companies
Lloyds
The State (terrorism and flood)
B - Buyers
- Name the five main types of buyers
Private individuals
Companies
Partnerships
Public Bodies
Charities, Associations and Clubs
B - Buyers
B1 Private Individuals
- Give examples of insurance people buy in their private capacity
Household buildings and contents insurance
Motor insurance
B - Buyers
B2 - Companies
- What types of companies need insurance?
Multinational corporations
Sole traders
B - Buyers
B3 Partnerships
- Do Partnerships have a separate legal existence?
No, each partner is jointly and severally liable.
B - Buyers
B3 Partnerships
- Give examples of partnerships
Medical practices
Veterinary practices
Legal professions
B - Buyers
B3 Partnerships
- How are the insurance needs of partnerships typically catered for?
By specialist schemes, particularly in the area of professional negligence.
B - Buyers
B4 Public Bodies
- Public Bodies are major buyers of insurance. Give examples of public bodies.
Authorities
Schools
B - Buyers
B4 Public Bodies
- How do Public Bodies insure themselves?
Some may be large enough to set up their own insurance fund through which they insurance some risks, while turning to the market for others.
B - Buyers
B4 Public Bodies
- Are some Public Bodies exempt from requiring insurance?
Yes, for example the police and motor insurance.
B - Buyers
B5 Charities, Associations and Clubs
- What type of insurance do charities, associations and clubs typically take out? Give examples.
Liability risks and damage to owned property e.g football clubs, stamp collecting societies.
B - Buyers
B5 Charities, Associations and Clubs
- How are charities, associations and clubs different in legal terms to companies and individuals?
There are “unincorporated associations” and have special requirements because, theoretically, each member is liable for the associations actions.
C - Insurers
- Companies wanting to transact insurance in the UK must be authorised to do so by which authorities?
Prudential Regulation Authority (PRA)
Financial Conduct Authority (FCA)
C - Insurers
- Financially speaking, what are insurance companies required to maintain?
Defined levels of solvency margins (difference between assets and liabilities)
C - Insurers
- How might insurers be distinguished from one another?
In terms of ownership and function.
C - Insurers
C1 Types of Insurer as defined by Ownership
- Name the 5 categories of ownership.
Proprietary companies
Mutual companies
Captive companies
Protected cell companies
Lloyds
C - Insurers
C1A Proprietary Companies
- What is a Proprietary company?
Limited liability companies where shareholders, in buying shares, contribute to the share capital of the firm, and therefore own the company profits.
C - Insurers
C1A Proprietary Companies
- How is each shareholders liability for the company debts valued?
The shareholders liability for the company’s debts is limited to the nominal value of the shares they own.
C - Insurers
C1B Mutual Companies
- Who owns a mutual company?
The policyholders
C - Insurers
C1B Mutual Companies
- Why would a policyholder use a mutual company?
The policyholders share in the profits of the company is reflected by way of lower premiums.
C - Insurers
C1B Mutual Companies
- How are the losses of a mutual company limited for each policyholder
Limited by guarantee, with a policyholders maximum liability limited to their premium.
C - Insurers
C1C Mutual Indemnity Associations
- What is a Mutual Indemnity Association?
A self-managed pool of insurers that are owned by the policyholders.
C - Insurers
C1C Mutual Indemnity Associations
- Which industry are Mutual Indemnity Associations primarily used in?
Marine insurance, where Protection and Indemnity associations (known as P&I clubs) insure certain aspects of marine hull liability.
C - Insurers
C1D Captive Insurers
- What is a Captive Insurance Company?
A Captive is an insurance company established by its parent company to provide insurance coverage primarily, if not solely, to the parent.
C - Insurers
C1D Captive Insurers
- Why are Captives used?
For tax efficiency
C - Insurers
C1D Captive Insurers
- What are the non-fiscal reasons Captives might be used?
Get the full benefit of the group’s risk control techniques by paying premiums based on its own experience.
Avoid paying extra premium designed to meet a direct insurer’s overheads.
Obtaining a lower overall premium level by placing certain risks in the reinsurance market with its flexible products and lower overheads.
C - Insurers
C1D Captive Insurers - Protected Cell Companies (PCCs)
- What is the purpose of PCCs?
To ring-fence assets of the participating cells and allow them to operate as distinct insurance entities.
C - Insurers
C1D Captive Insurers - Protected Cell Companies (PCCs)
- PCCs operate in 2 parts. What are they?
A Core
An unlimited number of cells
C - Insurers
C1D Captive Insurers - Protected Cell Companies (PCCs)
- Legally speaking, what is a PCC?
A single legal entity with a single board of directors.
C - Insurers
C1D Captive Insurers - Protected Cell Companies (PCCs)
- How does a prospective cell owner join a PCC?
Each prospective cell owner must enter into a cell management agreement with the PCC Board and will be bound by the PCC Mem & Arts.
Entry to the PCC is subject to approval by the PCC Board who will require details of the proposed business plan and will agree the parameters within which the cell is to operate.
A PCC files a single annual return, but regulatory approval is required for each business plan.
C - Insurers
C1D Captive Insurers - Protected Cell Companies (PCCs)
- What are the benefits are using a PCC?
Minimum establishment and administration cost.
Establishment in territories with favourable tax rates will apply to any trading profits.
C - Insurers
C2 Types of Insurer as defined by Function
- What function do composite companies serve, and how are they represented in the market?
They accept several types of business and represent the major part of the insurance market.
C - Insurers
C2 Types of Insurer as defined by Function
- What function do specialist insurers serve?
They tend to issue policies for only one class of business.
C - Insurers
C3 Takaful Insurance Companies
- What is Takaful insurance?
Insurance that applies the rulings of Sharia law and Islamic attitudes to risk and profit.
C - Insurers
C3 Takaful Insurance Companies
- Name the 3 fundamental principles of Islam that insurance policies are seen to be contrary to.
Gharar (uncertainty)
Maisir (gambling)
Riba (interest)
C - Insurers
C3 Takaful Insurance Companies
- Explain why Gharar (uncertainty) is contrary to Islamic beliefs.
Islamic law forbids sales where there is a risk to the buyer.
Some believe that traditional insurance policies do not remove uncertainty because how much and when, if at all, a policy will pay out remains uncertain.
C - Insurers
C3 Takaful Insurance Companies
- Explain why Maisir (gambling) is contrary to Islamic beliefs.
Traditional insurance policies are seen to be a form of gambling because some policyholders receive claims payments while others do not.
C - Insurers
C3 Takaful Insurance Companies
- Explain why Riba (interest) is contrary to Islamic beliefs.
Islamic rules forbid making money from money. Wealth can only be made through the trade of assets and investments.
C - Insurers
C3 Takaful Insurance Companies
- What principles to Takaful insurances embrace?
Mutuality and Cooperation
Shared Responsibility
Joint Indemnity
Common Interests and Solidarity
C - Insurers
C3 Takaful Insurance Companies
- Who must Takaful products be approved by to ensure they’re compliant?
Islamic scholars
C - Insurers
C4 The State
- What does the UK government legislate to make compulsory?
Certain insurances
C - Insurers
C4 The State
- How does the UK government act as an insurer?
Welfare benefits
Pension provision
C - Insurers
C4 The State
- When does the UK government act as a guarantor to the insurance sector?
Terrorism risks
Flood risks
D - Lloyd’s and the London Market
D1 Lloyd’s Structure and Features
- Is Lloyd’s an insurer?
No, it’s a marketplace.
D - Lloyd’s and the London Market
D1 Lloyd’s Structure and Features
- What is Lloyd’s?
It is a society of members.
D - Lloyd’s and the London Market
D1 Lloyd’s Structure and Features
- What does the corporation of Lloyd’s provide?
The infrastructure for the market.
D - Lloyd’s and the London Market
D1 Lloyd’s Structure and Features
- Under the Lloyd’s Act 1982, what is the Council of Lloyd’s responsible for?
The management and supervision of the market.
D - Lloyd’s and the London Market
D1 Lloyd’s Structure and Features
- Who regulates Lloyd’s?
The PRA
The FCA
D - Lloyd’s and the London Market
D1A Syndicates
- What is a syndicate?
A group of private individuals or corporate investors who carry the risks (provide financial backing).
D - Lloyd’s and the London Market
D1A Syndicates
- What are corporate and individual investors known as?
Underwriting members or Names.
D - Lloyd’s and the London Market
D1B Managing Agents
- What is the role of managing agents?
Syndicates outsource the day-to-day running of their insurance business to managing agents.
D - Lloyd’s and the London Market
D1B Managing Agents
- What are the responsibilities of the managing agents?
Employing the underwriters and claim adjusters.
Liaise with Lloyds and the regulators.
D - Lloyd’s and the London Market
D1C Capital and Members/Names
- What is capital?
The investment put into the market by investors, known as members or names.
D - Lloyd’s and the London Market
D1C Capital and Members/Names
- What must prospective members be able to prove in order to invest in the market?
Show they have adequate means to pay any potential claims made against them.
D - Lloyd’s and the London Market
D1D Members’ Agents
- What advice do members’ agents provide?
They advise potential corporate and individual members/names on the advantages and disadvantages of investing in the Lloyd’s market.
D - Lloyd’s and the London Market
D1D Members’ Agents
- What do members agents advise on specifically?
Syndicate selection and performance
Reserve requirements
Compliance issues
D - Lloyd’s and the London Market
D1D Members’ Agents
- What additional role do member agents serve to members and managing agents?
Act as a communication channel between the member and the managing agents running the syndicates the member has invested in.
D - Lloyd’s and the London Market
D1D Members’ Agents
- What do member agents receive from managing agents?
Regular reports on syndicate performance.
D - Lloyd’s and the London Market
D2 Transacting Insurance at Lloyd’s
- What requirements must a broking firm meet to become a Lloyd’s broker?
Must be fully regulated by their own regulator
Must satisfy requirements set out by Lloyd’s about:
Capability
Understanding of the market
Ability to transact business using the central market systems.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What is the document that the broker puts a summary of the risk to be placed, and the suggested terms and conditions, called?
Market Reform Contract (MRC)
D - Lloyd’s and the London Market
D2B Placing a Risk
- How is the standardisation and clarity of MRCs ensured?
Clear market rules.
D - Lloyd’s and the London Market
D2B Placing a Risk
- If a broker is involved, what is the first step of placing a risk?
The broker obtains a quote from an underwriter.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What will the underwriter indicate on their quote?
The percentage share they’ll accept and the terms that apply.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What is meant by saying the broker “fills the slip”
The brokers approaches other underwriters and obtains signatures for the shares they are each willing to accept.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What takes place once the Market Reform Contract/slip is fully placed by the broker?
The risk must then be submitted electronically to Xchanging Ins-sure Services (XIS).
D - Lloyd’s and the London Market
D2B Placing a Risk
- In terms of remuneration, what do the underwriters usually agree with the broker?
That the broker can deduct a certain percentage of the premium as brokerage.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What do the brokers do once they have deducted their brokerage from the premium?
Transfer the net amount to the underwriters.
D - Lloyd’s and the London Market
D2B Placing a Risk
- Where does XIS record the risk and premium details?
On the central database.
D - Lloyd’s and the London Market
D2B Placing a Risk
- What does XIS facilitate with regard to premiums?
Payment of the premium to both Lloyds and the London Market underwriters for the broker.
D - Lloyd’s and the London Market
D2B Placing a Risk
- If a formal document is required by insurers for sending to a client, who can they get this from?
XIS.
D - Lloyd’s and the London Market
D2B Placing a Risk
- Once the data is recorded and the premium paid, what do the brokers and underwriters receive?
Electronic messages from XIS with data about the risk.
D - Lloyd’s and the London Market
D3 The London Market
- Does Lloyd’s represent the whole market?
No, it represents part of a much wider London Insurance market.
D - Lloyd’s and the London Market
D3 The London Market
- Who are the main providers in the London Market?
Insurance and Reinsurance companies
Lloyds Syndicates
Lloyds Services Companies, who effectively act as branch offices of the syndicates
Protection & Indemnity Clubs (P&I)
D - Lloyd’s and the London Market
D3 The London Market
- What is the key difference between the London Market and Lloyd’s?
The market is general, where the Lloyd’s market has been a focus for placing very unusual risks.
D - Lloyd’s and the London Market
D3 The London Market
- What was the gross written premium income for the Lloyd’s Market in 2022?
£46.7 Billion.
D - Lloyd’s and the London Market
D4 Contract Certainty
- What is Contract Certainty? Who is it adopted by?
Procedures adopted to ensure all parties are fully aware of the coverage and terms of the policy.
Lloyd’s and the London Market
D - Lloyd’s and the London Market
D4 Contract Certainty
- What does Contract Certainty achieve?
The complete and final agreement of all terms between the insured and insurer by the time they enter the contract, with documentation provided promptly thereafter.
D - Lloyd’s and the London Market
D4 Contract Certainty
- What are the 3 elements of contract certainty?
Details - Certainty of the details of the agreed contract
Documents - Provision of contractual documentation to the client
Share - Certainty as to the final share of the risk that each insurer has agreed to take
D - Lloyd’s and the London Market
D4 Contract Certainty
- Who is responsible for ensuring contract certainty?
The underwriters.
The broker, if they were involved in placement.
E - Intermediaries
- What is an Intermediary?
An Agent.
E - Intermediaries
- What is an Agent’s relationship with the Principal?
The agent is authorised by the principal to bring the principal into a contractual relationship with a third party.
E - Intermediaries
- What sorts of mediation activities do agents perform?
Give advice
Promotion and sales functions
Complaints handling
E - Intermediaries
- Which statuses must the intermediary adopt to be exempt from FCA rules?
Appointed Representative (AR)
Introducer Appointed Representative (IAR)
Be a member of a designated professional body
E - Intermediaries
- What does it mean when an intermediary is exempted?
An authorised person/firm takes on the responsibility for the activities of the ARs/IARs.
E - Intermediaries
- What new category of intermediary was introduced in 2018 by the Insurance Distribution Directive (IDD)?
Ancillary Insurance Intermediary (AII)
E - Intermediaries
- What is an Ancillary Insurance Intermediary? Give an example.
Someone whose principle professional activity is not insurance distribution e.g. travel operator who sells travel insurance.
E - Intermediaries
E1 Authorised Persons
- Who/What is an Authorised Person?
An individual or firm authorised by the FCA to engage in regulated activities.
E - Intermediaries
E1 Authorised Persons
- What must an Intemediary wishing to offer insurance do to become an Authorised Person?
Apply for direct authorisation by the FCA.
E - Intermediaries
E1 Authorised Persons
- What happens to an Intermediary once they are authorised?
They are bound to abide by all FCA rules.
E - Intermediaries
E1 Authorised Persons
- What do FCA rules demand from authorised persons?
Financial accounting
Training and competence
Reporting requirements
E - Intermediaries
E1 Authorised Persons
- What has been the result of strict FCA rules?
A great deal of consolidation in the marketplace through sales and aquisitions.
E - Intermediaries
E1 Authorised Persons
- How do Umbrella organisations work?
Known as broker networks, the umbrella organisation becomes the authorised person and each “member” of the network becomes an appointed representative.
E Intermediaries
E2 Appointed Representatives
- What is an Appointed Representative?
An individual or company that is appointed by an authorised person (the principal) under the terms of a contract
E Intermediaries
E2 Appointed Representatives
- What is the name of the contract which sets out the terms of business between the intermediary and principal?
Appointed Representative Agreement
E Intermediaries
E2 Appointed Representatives
- What does the Appointed Representative Agreement determine?
The Appointed Representatives role and responsibilities
E Intermediaries
E2 Appointed Representatives
- What is the key feature of an Appointed Representative relationship?
The Principal takes responsibility for the Appointed Representatives activities in carrying out the business of the Principal.
E Intermediaries
E2 Appointed Representatives
- Can an Appointed Representative act for more than one Principal?
Yes, provided there is a suitable contract in place with each one.
E Intermediaries
E2 Appointed Representatives
- What must the Principals enter into if their Appointed Representative acts for more than one Principal?
A written Multiple Principal Agreement with every other Principal an AR may have.
E Intermediaries
E2 Appointed Representatives
- Give examples of Appointed Representatives.
Organisations with a non-insurance main occupation e.g. motor garages, freight forwarders, and associations who sell relevant insurance products to their members
Full time insurance agents that have decided to become “tied” to one or more insurer, rather than become authorised directly themselves.
E Intermediaries
E2 Appointed Representatives
- What are some of the problems that have arisen from the use of Appointed Representatives?
Principals not performing adequate due diligence at the outset of the appointment
Inadequate oversight and control once the AR begins performing regulated activities on behalf of principals
E Intermediaries
E2 Appointed Representatives
- New FCA rules came into force in December 2022 that state, with regard to Appointed Representatives Principle firms are required to now….what?
Apply enhanced oversight of the Appointed Representatives (AR).
Ensure ARs have adequate systems, controls and resources.
Assess and monitor the risk ARs pose to consumers and the market.
Review their ARs activities, business and senior management annually.
Be clear on the circumstances where they should terminate an AR relationship.
Notify the FCA of future AR appointments 30 calendar days before it takes effect.
Provide complaints and revenue information for each AR to the FCA on an annual basis.
E Intermediaries
E3 Introducer Appointed Representatives
- How is the scope of an Introducer Appointed Representatives appointment limited?
Limited to effecting introductions and distributing financial promotions e.g. proposals and brochures