Consumer Insurance Contracts Act 2019

Thu Jun 4 2020

Brokers Ireland previously advised members (see attached) of new legislation that was signed into law end December last, but which has not to date been implemented.  Nevertheless, notwithstanding that a Government has yet to be formed, and the COVID19 environment we find ourselves in, we understand it is still on the Government agenda and we believe it is only a matter of time before implementation date(s) will be set.  We therefore have collated a Summary and Guidance document for members to aid their preparation.

Consumer Insurance Contracts Act 2019

The Consumer Insurance Contracts Act 2019 was signed into law on 26 December 2019, and as stated above the provisions of the Act have yet to be implemented.

The Act will have significant impact on all those who distribute insurance products, including brokers transacting both life and non-life business.   The Act is intended to improve the position for consumers and to make it more difficult for insurers to decline claims.  The new Act corrects what has long been considered an imbalance in the pre-contractual burden imposed on insurance consumers and shifts the burden to the underwriter to make sufficient and appropriate enquiries when considering whether and on what terms to write a risk.

Insurers

We understand that insurers have begun working on implementing necessary changes even though the Act has yet to be commenced.  However, at this stage we do not know how each insurer will implement the various changes, and to what extent they will rely on brokers to conduct duties on their behalf such as advising the consumers of the nature and effect of their pre-contractual duty of disclosure etc, or if this will be included in pre-contract (quotation) insurer documentation.

Where it is necessary, if insurer/broker terms of business agreements need to be amended, to reflect new broker responsibilities, we will ensure these will be amended accordingly.

MGAs/Non-resident Insurers

Brokers that are dealing with MGAs/Non-Resident Insurers, particularly if they are non-members or passported entities that may not be familiar with the change, should forward them with a link to the legislation.

Please see attached Summary and Guidance document, which we will keep updated as and when commencement date(s) are provided.

If you have any queries on the contents of this email, please contact compliance@brokersireland.ie. Please continue to send us your suggestions and feedback on all areas. You can also email queries directly to the following contacts:


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