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11th May 2016
The Insurance Act 2015, the most important change in insurance law since 1906 comes into force on 12 August 2016 and will require insurance brokers, their customers and insurers to adopt different operational processes for managing commercial insurance. Its aim is to encourage professionalism in all parties involved in commercial insurance.
Recognising the impact of the new legislation BIBA, in conjunction with leading experts on insurance governance and Insurance Act compliance, Mactavish, has created a definitive implementation guide for members to help them operate under the Act.
Sponsored by Ageas and RSA, the guide launched on 11 May at the BIBA Conference in Manchester, examines some of the key principles of the Act including the concepts of ‘Fair Presentation’ and ‘Reasonable Search’. It also reviews the effects of the changes in respect of the application of warranties and conditions as well as ‘contracting out’; outlining the considerations and challenges relating to each. Practically, the guide also suggests implementation measures that can be taken by brokers, customers and insurers to achieve Act compliance.
Steve White, BIBA Chief Executive said; “The industry has never experienced such a massive change in the legislation governing our practices and, as the leading insurance brokers’ representative body we felt it important to set out a framework under which all parties can operate and we were grateful to have the involvement of our sponsors as well as AIRMIC, CII, CILA and LIIBA in producing this guide. We would like to see brokers and insurers alike unite in the way in which the Act is adopted ideally by embracing our implementation guide to create a transparent and fair approach for all.”
Bruce Hepburn, Mactavish Chief Executive Officer added; “Mactavish was closely involved in the Insurance Act, contributing much of the primary evidence to the Law Commissions to support the passage of the Bill through Parliament. Whilst the aim of the Act is to set a more level playing field it is obvious that quick fixes to get around individual measures will not be a reliable solution and there needs to be much mutual understanding and co-operation. In particular, it is important to have clarity around how to make a ‘fair presentation’ and how insurers will identify areas of the Act they ‘contract out’ from and how they will highlight any disadvantageous terms.”
This Implementation Guide is a follow-up to last year’s Introduction to the Insurance Act and comes with two shortened, handy versions; one for use by brokers and another to clearly set our their customers’ new obligations under the Act.
François-Xavier Boisseau, CEO at Ageas Insurance Limited, guide sponsor, said; “We recognised the magnitude of the Act’s importance last year and became one of the UK’s first insurers to adopt its principles into our business. We’re fully behind firmly embedding it with our brokers and their clients. We’re grateful to BIBA and Mactavish for delivering a tool that offers clear and meaningful support for brokers to make the most of the Act’s opportunities.”
Stephen Lewis, RSA Insurance Group Plc CEO UK & Western Europe, guide sponsor said: “The Act will help to modernise the industry and improve the service we provide to our customers. This guide contains everything our partners need to know about the Act in a compact, accessible and easy to use way.”
Steve White concluded; “The Insurance Act and the BIBA implementation guide present a fantastic opportunity to reset the focus of the UK insurance world, to bring greater professionalism and to increase trust. I’m not saying that this will be easy, but through industry-wide co-operation we can really bring about a revolutionary change.”
Ends
- Click here for Steve White, BIBA CEO, opening address
- Click here for guide
- BIBA press office:
Pam Quinn, Communications Manager
020 7397 0223
quinnp@biba.org.uk - About the British Insurance Brokers’ Association
The British Insurance Brokers’ Association (BIBA) is the UK’s leading general insurance intermediary organisation representing the interests of insurance brokers, intermediaries and their customers.
BIBA membership includes just under 2,000 regulated firms
General insurance brokers contribute 1% of GDP to the UK economy and BIBA brokers employ more than 100,000 staff.
54% of all general insurance is sold by an insurance broker and they arrange 78% of all commercial insurance business.
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