Chapter 2 - The Insurance Market Pt1 Flashcards

1
Q

What are the 5 main participants of the insurance market?

A
  1. Buyers (policyholders/insureds)
  2. Insurers (sellers)
  3. Intermediaries (Broker)
  4. Aggregators (Price comparison sites)
  5. Reinsurers
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2
Q

What are the 5 buyers in the insurance market?

A
  1. Private individuals
  2. Companies
  3. Partnerships (diff. to companies)
  4. Public Bodies (local authorities/schools)
  5. Charities/associations/clubs -
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3
Q

What is an unincorporated institution?

A

Charities, associations & clubs - theoretically each member is liable for the association’s actions. Often look for liability and property risk

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4
Q

What are the 5 types of Insurer defined by ownership?

A
  1. Proprietary Companies
  2. Mutual Companies
  3. Captive Companies
  4. Protected Cell Companies
  5. Lloyd’s
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5
Q

What is a proprietary company?

A

A company who is owned by shareholders and registered under the Companies Act 1985. They are limited liability companies (LLCs). This means a shareholder’s liability is limited to the nominal value of the shares they own and profits are shared between them. LLCs can be publicly quoted (plc) or privately owned (limited or ltd)

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6
Q

What is a mutual company?

A

Mutual companies are owned by the policyholders. Policyholders share the profits of the company by way of lower premiums. Theoretically this means they are liable for the losses made by the company but in reality they are limited by guarantee and a policyholder’s maximum liability is their premium.

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7
Q

What does it mean when a mutual company demutualises?

A

Trend of mutual companies to demutualise and become proprietary companies

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8
Q

What is a mutual indemnity association & in what space are they commonly used?

A

Self-managed pools of insurers who are owned by the policyholders. Active in marine insurance, where Protection and Indemnity Associations insure certain aspects of marine hull liability. The contribution ‘call’ is set initially and further calls are possible dependent on overall result

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9
Q

What is a captive insurer?

A

An insurance company established by its parent company or group that provides insurance cover primarily, if not solely, to that parent company. They do NOT offer services to the general public

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10
Q

What is captive insurance useful for? And in what 2 ways are they tax efficient?

A

They are tax efficient methods of risk transfer & are common for large MNCs & useful when a parent company cannot find an outside source to Insure the risks
1. Premiums payable to the captive may be deductible at source.
2. Captives are established in territories with favourable tax rates (Bermuda)

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11
Q

What are other incentives for captive insurers?

A
  1. Ability to benefit from a group’s risk control by paying premiums based on own experience.
  2. Avoiding the payment of extra premium designed to meet the direct Insurers overheads.
  3. Obtain lower overall risk premium by reinsuring
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12
Q

What is a Protected Cell Company (PCCs)?

A

A special type of Insurer which operates with a core and unlimited number of cells. It ‘ring-fences’ the assets of particular cells and allows them to operate as distinctive insurance entities. It is a single legal entity with a single board of directors which manage the affairs of the PCC as a whole

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13
Q

What are the benefits of PCCs?

A
  1. Favourable tax rates on profits
  2. Lower administration cost
  3. The minimum establishment?
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14
Q

How do PCCs work? (4 factors)

A
  1. An agreement is made between prospective cell owner & cell manager which is bound by the PCCs Memorandum & Articles of Association
  2. Entry is subject to approval by the PCC board who agrees parameters of how the business will operate
  3. PCCs file single tax returns but regulatory approval is required for the business plan of each cell
  4. Offer ‘captive’ facilities to clients who offer niche products or where conventional cover is unavailable or too expensive
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15
Q

Difference between composite & specialist Insurer?

A

Composite insurers accept all (mostly all) types of business whereas specialists only take one

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16
Q

What is takaful insurance?

A

Takaful is insurance that has roots in Islamic financial services & is based on the rulings of Sharia law. Works on the principle that any transaction, risk and profit should be shared between the participants. Need to be approved by Islamic scholars

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17
Q

Why is ‘traditional’ insurance contrary to the principles of Islam?

A
  1. Gharar (uncertainty)
  2. Maisir (Gambling)
  3. Riba (Interest)
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18
Q

What principles do Takaful Insurers work from?

A
  1. Mutuality and co-operation
  2. Shared responsibility
  3. Joint Indemnity
  4. Common interest
  5. Solidarity
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19
Q

In what 3 ways does the state act as an Insurer?

A
  1. Welfare benefits
  2. Pension provision
  3. Acts as a guarantor (re-insurer) for terrorism risk and flood.
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20
Q

What is Lloyd’s?

A
  1. Marketplace, not insurer. Has never provided insurance
  2. Society of members
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21
Q

What does the corporation of Lloyd’s do?

A

Provides the infrastructure of the market

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22
Q

When was the council of Lloyds created and what is it responsible for?

A

Created under the Lloyd’s Act 1982 and is responsible for the management and supervision of the market.

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23
Q

Who are the society of Lloyd’s and Lloyd’s managing agents regulated by?

A

FCA and PRA

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24
Q

Who are Lloyd’s brokers and Member’s agents regulated by?

A

Solely the FCA

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25
Q

What is a Lloyd’s syndicate?

A

Groups of private individuals or corporate investors who carry the risks (financially back). They are also referred to as underwriting members of Members.

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26
Q

What is a manging agent?

A

Provides day-to-day administration of a syndicate by employing U/W, claims adjusters and liaise with regulators.

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27
Q

What is Capital and members/names?

A

Capital is the term used for the investment into the market by the investors known as names or members. Can still be private individuals but mostly corporate. however both need to show can handle the risk of any claims.

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28
Q

What is a members’ agent?

A

Advises potential corporate and individual members Names on the adv & disadv of investing in Lloyd’s. Includes syndicate selection & performance and reserve requirements and compliance issues.
- Act as a communication channel between members and managing agents running the syndicates the members have invested in

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29
Q

What is a Lloyd’s Broker and What do they do?

A

= A broker operating in the London Market. However, not a requirement to transact business but is helpful for branding for overseas client.

30
Q

How do you place a risk in Lloyd’s?

A

Through an Market Reform Contract (MRC)

31
Q

What is an MRC?

A

Market Reform Contract - summary of risk and suggested terms and conditions. The slip (MRC) is governed by clear market rules in an attempt to achieve market standardisation and clarity.

32
Q

Briefly describe the steps in the process of placing a risk in the Lloyd’s market

A

Broker obtains quotation for an UW recognised as a ‘leader’ in the class of business
U/W indicates percentage share they will accept and terms
Broker approaches other UW and ‘fills’ the slip
Full MRC is then submitted electronically to XIS
XIS records the risk and places on the central market database which also facilitates payment to the broker
IF formal policy doc is required by Lloyd’s insurers, this is requested from XIS who produces
XIS produces electronic message with data about the risk to broker and UW

33
Q

What is the XIS with referencing to Lloyd’s

A

Xchanging Ins-sure Services = where the broker electronically submits the risk

34
Q

What is subscription UW? and why does it occur?

A

Where a number of UW each accept a percentage of a risk. Happens when risks are large and have high financial exposure so it is not possible or sensible for 1 insurer to accept 100% of the risk

35
Q

Who are the main providers in the London Market?

A
  1. Insurance Companies
  2. Re-insurance Companies
  3. Lloyd’s syndicates
  4. Lloyd’s service companies (branches abroad)
  5. Protection & Indemnity Clubs (Mutual insurers)
36
Q

What is to IUA

A

International Underwriting Association of London

37
Q

What is special about the London market?

A

Where sizeable or complex risks form all over the world are placed.

38
Q

What is Contract Certainty?

A

Definition = Achieved by the complete and final agreement of all terms between the Insured and Insurers by the time they enter into the contract, with documentation provided promptly thereafter.

39
Q

What are the 3 distinct elements of contract certainty?

A
  1. Details of contract have been agreed
  2. Certainty of the final share of risk that each Insurer has agreed to take.
  3. Provision of the contractual documentation to the client promptly (30 days for commercial, 7 for consumers)
40
Q

What is meant by ‘signing down’

A

When a risk is popular and many insurers want to participate a broker will proportionally reduce the percentage of each Insurer

41
Q

What is an intermediary?

A

An agent

42
Q

What is an agent?

A

Is one who is authorised by one party, called the ‘principle’ to bring that principle into a contractual relationship with another, termed the ‘third party’

43
Q

What does the FCA regulate?

A

All aspects of insurance sales, advice and conduct and the authorisation and monitoring of intermediaries.

The rules also apply to Insurers (advice, promotions & sales functions)

44
Q

Under FCA rules what do all ‘persons’ (including firms) have to be?

A

Either directly authorised by the FCA or exempt

45
Q

What does it mean to be exempt?

A

Means the intermediary must adopt the status of an appointed representative (AR) or introducer appointed representative (IAR), or to be a member of a professional body which has equivalent rules of the FCA termed a designated professional body. = The authorised person/firm takes responsibility for the activities of ARs and IARs.

46
Q

What is an AII, who introduced the category and what do they do?

A

Ancillary insurance intermediary introduced by the Insurance Distribution Directive (IDD) who distributes insurance on an ancillary purpose (not principal professional activity)

47
Q

What is an authorised person?

A

Individual or firm authorised by the FCA to engage in regulated activities.

48
Q

What must an intermediary wishing to offer insurance have?

A

Direct authorisation from the FCA or be an appointed representative (AR) who is exempt.

49
Q

What is a broker network and why are they formed?

A

Is an umbrella structure created for brokers where the umbrella structure is the ‘authorised person’ and the members of the network are ARs, so each broker does not have to report all financial accounting, training, competency individually but as one business. Has happened a lot due to increasing FCA regulations.

50
Q

What is an Appointed Representative (AR)

A

An individual or company appointed by an authorised person (‘principle’ under the terms of a contract. AR may be acting for an Insurer or intermediary who is authorised by the FCA.

51
Q

What is the name for the contract that sets out the terms of business between an AR and a principle? What does this contract do?

A

Appointed Representative Agreement. Determines the ARs responsibilities & the key feature is that through this agreement the principle takes responsibility for the AR carrying out business on their behalf.

52
Q

While there is there no regulatory restriction of the number of appointments an AR may have, why has market practice effectively imposed a modest limit?

A

Due to difficulty in operating under many different contractual obligations with different authorised persons. So, if a principle appoints an AR that is acting for another firm, the principle must then sign a written

53
Q

When is a written municipal agreement written?

A

Occurs when an principle appoints an AR that is already acting for another firm & has to enter into the WMA with each other the other principles the AR has.

54
Q

What organisations can ARs include?

A

Organisations with non-insurance occupations i.e. motor garages selling relevant insurance products.

55
Q

What are potential issues with Appointed Representatives (ARs)?

A

Principles have not been able to demonstrate efficient control over ARs. So FCA is making new rules to make principle firms more responsible.

56
Q

In 2021 what did the FCA do regarding principles and ARs?

A

Released a consultation paper proposing changes to AR regime - strengthening the responsibility of principle’s using ARs and their control. Why? principles not performing enough DD when appointing ARs and principles not controlling ARs when performing regulated activities. As

57
Q

In August of 2022, what 5 new rules did the FCA introduce? and why?

A

Want to make principle firms more responsible for oversight and management of ARs to prevent consumers being mis-sold or misled.

Principle firms are now required to do:
- Apply enhanced oversight ensuring adequate systems/controls
- Assess and monitor risk ARs pose
- Review information on ARs activites
- Notify FCA of future appointments
- Provide complains and revenue information

58
Q

What is an Introducer Appointed Representative (IAR)?

A

Someone appointed by an authorised person is limited to introductions and distributing ‘non-real time financial promotions’. IARs do not have the same FCA requirements. Essentially a shop front.. cannot sell or advise, only promote

59
Q

Do brokers need to be formally registered?

A

No, it used to be, but now it is often used for those who offer truly independent advise. However, Lloyds brokers need to be registered. FCA makes no distinction between the term broker and independent intermediary

60
Q

Who registers broking firms as Lloyd’s brokers?

A

Council of Lloyds. Although a wider range of intermediaries was granted in 2008 Legislative Reform Order

61
Q

What 3 things do brokers need to show to become registered in Lloyd’s?

A
  1. Expertise
  2. Integrity
  3. Financial standing
62
Q

What is meant by a wholesale broker?

A

Where an intermediary needs to bring a risk to Lloyd’s but does not want to access directly will bring it to Lloyd’s broker to access the market.

63
Q

What is the main distinguishing feature of an independent intermediary & what is their expertise? What must they advise on?

A

Independent intermediaries act on behalf of their clients (not the Insurer) & expertise is recommending most appropriate Insurer with who to place the risk. Must advise if the product recommended is of their personal recommendation on the basis of fair and personal analysis of the market.

64
Q

Describe the services that intermediaries provide

A
  1. Decide best market to place the risk
  2. Negotiate terms and conditions
  3. Provide advice re policy wording
  4. Review clients needs
  5. Negotiate renewals
  6. Advise clients on validity of claims
65
Q

What 3 services are provided by an intermediary and specific in a TOBA?

A
  1. Risk management advice
  2. Assisting with the presentation of claims
  3. Assisting in recovering any uninsured losses
66
Q

What services to intermediaries provide for Insurers?

A
  • Collect premium
  • Committing the Insurer to cover risk
  • Settle claims on behalf of the Insurer
  • Issue motor or other cover notes to give evidence of cover
67
Q

What are the reasons for the consolidations of the insurance broking sector and how has the consolidation occurredd?

A

Difficulty with regulation, Pressure on rates and age profile of Principles
has happened through broker networks & consolidators.

68
Q

How have broker networks consolidated the insurance broking market?

A

Brought together lots of small brokers under 1 larger firm. Large firm offers AR status to small firms and centralised services (accounting, training, compliance). Then all benefit from greater purchasing power with insurers and cost saving due to economies of scale

69
Q

What is a consolidator and what is there effect on the insurance broking market?

A

Acquire other business to grow & insurers like to deal with them due to size and growth potential. Can then demand preferential rates from Insurers… leading to more growth.

70
Q

What is the ‘divestment rule’ and what recently happened to it?

A

2008 Legislative Reform Order 2008 removed divestment rule so now broking and UW activity can now be part of same firm, leading to more M&A