Chapter 8 - Business process Flashcards
What are quotations used for?
Used by insurers to indicate the terms and conditions they will offer
Can a broker obtain multiple quotations?
Yes
Are quotations limited in their validity? What happens if insured accepts within the time?
Yes
Insurer must honour the offer
Insurer can honour after expiry
How do London Market underwriters indicate their agreement to take all or part of the risk?
Putting a stamp on the Market Reform Contract (MRC) or agreeing electronically
What is an underwriter’s agreement known as?
Written line
Can a written line be reduced in size?
Yes
What process creates the signed line?
Signing down
When is an individual contract created between the insurer and insured?
Written line - physically or electronically
When is an insurer on risk?
Start of policy period
How can an insurance contract terminate?
Expiry
Cancellation - insured or insurer
Fulfilment - total loss then doesn’t exist
How can an insurance contract terminate early? What is the aim of the Insurance Act 2015?
Behaviour by the insured
Breach duty of fair presentation
Breach of warranty
Fraud
Make it less easy for an insurer to terminate a contract
How many sections are there in an MRC?
6
Do different forms of MRC exist for open market, binders, lineslips?
Yes
What is an MRCE?
Endorsement
What does General Underwriters’ Agreement (GUA) do?
Sets out the way in which certain combinations of underwriters can agree changes to the risk
What will the Core Data Record and MRC v3 do?
Move the market onto computable contracts
What are conditions?
Include any terms in the policy
What are conditions precedent?
Include terms which are fundamental to either the contract itself or to liability
What are the two types of conditions?
Expressed
Implied
What is a ‘warranty’? What happens if this is broken?
Is a promise by the insured- Consumer Insurance (Disclosure and Representations) Act 2012
If this is broken, the insurance will be suspended until the breach is remedied - Insurance Act 2015
What are the 2 types of warranties?
Expressed
Implied
What do exclusions do?
Set out what will not be covered under the policy
Can exclusions be market-wide and specific to indv policies?
Yes
Market-wide e.g., radioactive contamination
Indv e.g., war - purchased elsewhere
Why are service companies set up? Who are they set up by?
Set up by syndicates to enable them to access business from outside the Lloyd’s Market which they would not otherwise see
Do syndicates have to comply with all Lloyd’s regulatory requirements if business is written through service companies?
Yes
What are branch offices used for?
Access business in different countries where they are required to set up a physical presence in that country in order to get permission from the regulator
Can all insurers write business on a services basis which allows them to stay in their home state but access business in other EU countries?
Only EU insurers
Not UK
Can insurers write business on an establishment basis in the EU, which will involve them setting up offices there?
Yes
What is Lloyd’s Brussels aka Lloyd’s Insurance Company S.A.,?
Belgian insurance company set up by Lloyd’s to allow services business to be written by the Lloyd’s market after the UK left the EU
Includes Monaco
What is contract certainty?
Complete and final agreement of all terms at the time the contract is entered into with documentation provided promptly
MRC, BID assists
‘Promptly’ is 30 calendar days after inception for
commercial business, but only 7 working days for
consumers.
audits and use of checklists.
Is contract certainty BAU or a market reform project?
BAU
Do the broker and client still have the same responsibilities in terms of the disclosure of material facts?
Yes
What happens if an insurer does not specify the period of the quote?
‘reasonable time’ applies
Standard rule in contract law
What happens if a client wants to change the terms of the quote? Or material additional info is produced?
Offer and acceptance process starts again
Insurer can vary or withdraw
How do you sign down?
If all of the written lines add up to 150%, then the easiest way to reduce them to the right size to add up to 100% is to divide each line by 150 and then multiply
by 100.
What is ‘Days of grace’?
perceived ‘elastic’ end to the previous policy
which allows the insured some scope should they be late in renewing their insurance.
When is ‘Warranted no known or reported losses’ (generally written as WNKORL) used?
underwriters make sure that they do not have to pay for any losses before they actually write their line
What are the standard clauses for the codes LSW, ISO, LMA, NMA, AVN?
LSW – London Standard Wording;
* ISO – International Standards Organisation;
* LMA – Lloyd’s Market Association;
* NMA – Non-Marine Association (now part of LMA); and
* AVN – Aviation Market.
