IF1.9 Legal and Regulatory Flashcards
Compulsory Insurance for Private Individuals
-Third Party motor insurance
- public liability in respect to the ownership of dangerous wild animals and/or dangerous dogs
Compulsory Insurance for Professions and businesses
- Motor Insurance
- Employers Liability
- Public Liability (specific trades and professions)
- Professional Indemnity Insurance (for specific professions)
- Marine pollution liability & liability for operators of nuclear reactors
Why are some insurances compulsory
- To provide funds for compensation
- In response to national concerns
Road Traffic Act 1988
It is illegal to use a vehicle on a public road unless an insurance policy is in force, covering third-party property damage and third-party bodily injury or death.
Dangerous Dogs Act1991
Dangerous Wild Animals Act 1976
Makes it compulsory to have liability insurance if you own one of the listed animals (nature and scope is not detailed)
How does a dangerous dog owner know the scope of the insurance they must purchase?
The local authority which issues the appropriate license will state the adequacy of the insurance.
Employers Liability Act 1969
Compulsory for the employers in great Britain to have employers liability insurance. With minimum limit of indemnity £5m.
What does employers liability insurance cover?
compensation for employees who sustain bodily injury or disease, arising out of and in the course of their employment.
Riding Establishments act 1970
Made is compulsory for such establishments to have public liability insurance. (covers anyone riding the horse or any member of the public effected by the horse)
Professional Indemnity (PI) Insurance
Insurance that provides indemnity for financial loss suffered by a third party due to professional negligence.
Solicitors Act 1974
States that solicitors must hold PI insurance which will indemnify the solicitor against claims for financial loss suffered by clients as a result of the solicitors professional negligence.
Do insurance intermediaries need PI?
Yes. Any Insurance intermediary authorised by the FCA must have PI to cover financial loss suffered by a third party caused by their professional negligence. Must have a minimum level.
Minimum level of PI cover for insurance intermediaries
1.3 million euros according to the Insurance Distribution Directive (IDD)
Do (introducer) appointed representatives need PI covers?
No
Reasons for needed Professional Indemnity Insurance in the UK
- the rising cost of legal services
- retrospective legislation may cause people to claim against you
- decisions maybe made against you
- it’s the law
privity of contract
a person can only enforce a contract if they are a party to it
Contracts Rights of Third Parties Act 1999
focusses on the privity of contract concept and sets out the circumstances in which a third party will have a right to enforce a term of the contract.
doesn’t apply to insurance contracts.
Third Parties Rights against insurers act 2010
protects insurance proceeds from the effects on insolvency.
Insolvent
When a company is unable to pay their debts
Prudential Regulation Authority (PRA)
An authority in the bank of england that regulates systemically important firms.
Supervises and where necessary intervenes to prevent firms failures effecting the entire financial system.
Financial Conduct Authority (FCA)
A separate independent regulator responsible for
- conduct of business and market issues for all firms
- prudential regulation of small firms, like insurance brokerages and financial advisory firms.
Proactively reviews and analyses potential problems and products.
Financial Policy Commitee (FPC)
A committee within the bank of england responsible for monitoring emerging risks to the financial system as a whole and providing strategic direction for the entire regulatory regime.
Bank of England and financial Services Act 2016
Puts the bank of england at the heart of the UK financial stability by strengthening the Banks governance.
Who does the FCA monitor
All financial services companies
Who doe the PRA monitor
Financial service companies which are so large they w2ill effect the whole of the UK if they fail
systemically important firm
firms that pose a risk to the financial system if they fail.
Objectives of the Prudential Regulation Authority (PRA)
- to promote the safety and soundness of the firms it regulates
- ensure policyholders are appropriately protected
(3. facilitate effective competition)
Threshold conditions
minimum requirements that firms have to meet in order to be permitted to carry on regulated actitivies
High level Threshold Conditions of the PRA
- firms head office must be in the UK
- firm must have appropriate financial and non-financial resources (conduct business in a prudent manner)
- firm has to be fit and properly staffed
- capable of being properly supervised.
What is the PRAs approach to supervision focussed on?
judgement based
forward looking
key risks
PRAs framework approach to risk assessments
Impact
- consider the potential impact on policyholders
- how does the firm affect the wider financial system if it fails.
Mitigation
- risk mitigation by the firm
- financial strength (reserves, capital and liquidity)
- resolvability of the firm
What are the numbers for the PRAs risk assessment categories
1 - greatest risk
5 - least risk
How does the PRA monitor firms
the intensity if dependent on the risk assessment category.
Also smaller firms will require less monitoring.
All firms face a base line monitoring
Basline of monitoring for the PRA
- ensuring compliance with standard
- liquidity, asset valuation, provisioning and reserving
- annual (at least) review of risks posed by the firm
- examining individual firms when a risk appears
- assess the firms planned recovery actions
Proactive Intervention Framework (PIF)
Judgements about the firms proximity to failure comes from the impact assessments. The PIF has 5 stages which reflect this proximity to failure.
If a firm moves up a stage supervisors will review their actions accordingly.
Objectives of the FCA
- Protect consumers from bad conduct
- protect and enhance the integrity of the UK financial system
- promote effective competition in the interest of consumers
Overarching strategic objective of the FCA
make sure the relevant markets function well
definiton of Integrity
Doing the right thing
How does the FCA differ from the PRA in its actions?
It is more proactive and intervenes at an earlier stage to pre-empt and prevent widespread harm to consumers.
Super-Complaint
Detailed submissions by groups of consumers
What is the FCAs competition objective?
promote effective competition in the interests of consumers i.e. allow consumers to get fair priced products which reflects their needs
What is the FCAs approach to regulation?
- Proactive product governance
- Reviewing super complaints
- Promoting Competition
FCA supervisor teams
large organisations will have supervisor teams
small organisations will be supervised as part of a portfolio
8 core principles which guide the FCAs supervisory work
- forward-looking
- focus on firm strategy & business models
- focus on culture and governance
- focus on individual & firm accountability
- proportionate and risk-based
- T-way communication
- Coordinated
- putting right systemic harm that has occurred and stop it happening again
Three types of work in the FCAs supervision model
- Proactive
- Reactive
- Thematic
proactive supervision
pre-emptive identification of harm through review and assessment of firms and portfolios
Reactive supervision
dealing with issues that are emerging or have happened, to prevent harm from growing
Thematic supervision
wider diagnostic or remedy work where there is actual or potential harm across a number of firms
Powers of the FCA
- they can stop misleading promotions
- ban retail products
- vary the permissions granted to firms
- disclose that enforcement against a firm has commenced
What is publication of enforcement action FCA intervention
The FCA can pursue cases against individuals (inc senior management) and can publish the fact that a warning notice has been issued
When can the FCA withdraw authorisation?
If they are not complying with guidelines
How often does the FCA report to Government and Parliment?
Annually
Principles for Business (PRIN) Integrity
A firm must conduct its business wholly and honestly
Principles for Business (PRIN) Skill, care and diligence
A firm must make sure its employees are training and careful in their actions
Principles for Business (PRIN) Management and Control
A firm must take reasonable care to organise and control its actions responsibly and effectively and with adequate risk management.
Principles for Business (PRIN) Financial Prudence
A firm must maintain financial resources (make sure the pool is big enough)
Principles for Business (PRIN) Market conduct
Observe proper standards of market conduct (price products fairly)
Principles for Business (PRIN) Customers Interest
can’t hide anything and must be accessible to all customers
Principles for Business (PRIN) Conflicts of interest
Mange conflicts of interest fairly
example of a conflict of interest in insurance
when insurance companies insure both parties