Regulation of Claims Handling and Fair Treatment of customers Flashcards

1
Q

Two organisations that regulate financial institutions :

A

Prudential Regulation Authority

Financial Conduct Authority

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2
Q

an organisation which is Part of Bank of England and Responsible for the Prudential supervision of systematic important firms operating in the industry such as banks and insurers, they are known as :

A

Prudential Regulation Authority

PRA

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3
Q

An organisation Responsible for the Prudential Regulation of smaller firms such as brokers and also the business conduct of all firms, known as :

A

Financial Conduct Authority

FCA

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4
Q

Which organisations are Focusing on the generic, industry wide issues, rather than firm specific issues?

A

Financial Conduct Authority

FCA

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5
Q

The two bodies have different objectives and operate separately but work together in sharing information and data :

A

Prudential Regulation Authority (PRA) and

Financial Conduct Authority (FCA)

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6
Q

The standards that relate to the handling of claims are set out in ICOBS, but falls under responsibility of:

A

Financial Conduct Authority (FCA)

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7
Q

ICOBS rules in claims handling relate to :

A

Both consumers and commercial customers.

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8
Q

An insurer is RESPONIBLE for claims handling, but after outsourcing, the insurer STILL remains responsible.

A

True …

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9
Q

In the current climate, insurers are delegating more parts of the business to:

A

Claims authority, outsourcing and underwriting.

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10
Q

What’s the main purpose of handling claims rules by ICOBS which fall under the responsibility of the Financial Conduct Authority? :

A

That customers are treated fairly

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11
Q

Claims should be handled fairly and settled promptly, what’s the main purpose of this?
The main purposes are to ensure that::

A

customers are provided with the appropriate information on the claims handing process and to ensure conflicts of interest are disclosed and managed without any detrimental effect on the policyholder…..

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12
Q

IF conflicts of interest are disclosed and managed : it has a detrimental effect on the policyholder?

A

False. (IF conflicts of interest are disclosed and managed : it has NO detrimental effect on the policyholder).

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13
Q

Which rule makes a distinction between consumer and commercial customers?

A

ICOBS

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14
Q

Who other than the insurer can be involved in conflict of interest?

A

Intermediary

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15
Q

what IF the insurer or intermediary, finds itself involved in conflict of interest??

A

It must manage the conflict fairly.

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16
Q

Motor or liability claim involves several parties, some or all of which are insured by the same insurer, this is an example of :

A

Conflict of interest.

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17
Q

In respect of consumers, ICOBS considers it to be unreasonable for claims to be refused for :

A

misrepresentation which is not qualifying under CIDRA2012

18
Q

in respect of General Insurance contract, a breach of warranty or condition, unless the circumstances of the claim are connected with the breach, what other exceptions also apply :

A

when there is evidence of fraud.

19
Q

The insurer must provide reasonable guidance on how to make a claim and give appropriate information on its progress, Once settlement terms are agreed, the claim should be settled :

A

promptly.

20
Q

“Firms should retain records for as long as is relevant for the purposes for which they were made and their own business needs”.
In deciding how long this should be, ICOBS requires firms to take account of:

A

what other information the FCA might request.

21
Q

Firms will also be required to consider what will be needed to deal with :

A

complaints and queries from customers as to how claims have been settled and why.

22
Q

Under section 57 of the Criminal Justice and Courts Act 2015 (April 2015) defendants can request that, :

A

Where part of a personal injury claim found to be fundamentally dishonest the whole claim to be struck out.

23
Q

Regulation of the fair treatment of customers is the responsibility of the?

A

FCA

24
Q

All regulated firms must be able to demonstrate that they are?

A

Consistently treating their customers fairly.

25
Q

How many customer outcomes are there?

A

SIX (!!!LOOK AT THE REPORT!!!!)

26
Q

Which body provides guidance on vulnerable customers, including what makes a vulnerable customer and how insurers need to treat them in the claims handing process???

A

The Financial Conduct Authority

27
Q

Application to claims handling, Specific applications to claims handling is given in :

A

ICOBS 8

28
Q

Insurer should document its approach by defining its customer base and?

A

Setting out procedures to ensure that claims are handled promptly and fairly, does not unreasonably reject a claim, providing reasonable guidance in helping policyholder and settling claims promptly once settlement terms agreed.

29
Q

Motor Vehicle liability insurers have to comply with :

A

More onerous regulations.

30
Q

Specific conditions for appointing claims representatives and adhering to specific rules regarding the handling of motor vehicle liability insurance for claims involving UK policyholders occurring within the EEA, but outside THE UK jurisdiction.

A

true

31
Q

In the event of a breach of some of these rules, firm may be obliged to:???

A

Pay penal interest on compensation offered to injured party.

32
Q

All insurance intermediaries must manage:

A

conflicts of interest fairly

33
Q

Whose best practice is to document conflicts of interest procedure?

A

Insurance intermediaries

34
Q

What must insurance intermediaries manage?

A

Conflicts of interest and document conflicts of interest procedure.

35
Q

ConsumerRightsAct2015 (October 2015) regards to?

A

the supply of services.

36
Q

FCA rules on:

A

Claims handling process.

37
Q

Main impact for claims handlers :

A

Requirements in CR2015 act, which ensure that any policy exclusions are identifiable and understandable to the average consumer.

38
Q

The CR2015 also impacts claims handlers in:

A

Not hiding away any policy exclusions in the documents….

39
Q

Which act suggests that claims should be managed promptly by:

A

ICOBS

40
Q

The Act that requires that services to be performed within a reasonable time?

A

The Consumer Rights 2015

41
Q

The new implied term introduced by the:

A

Enterprise Act 2016

42
Q

What does the Enterprise Act 2016 state?

A

an implied term of every contract of insurance that if the insured makes a claim under the contract, the insurer must pay any sums due in respect of the claim within a reasonable time.