Brokers not responsible for BI test case insurance policies under contract law, argues FCA
The business interruption test case policies under scrutiny in the Financial Conduct Authority’s test case are presented ‘in the manner which most benefits insurers’ and therefore brokers should not take the blame for any contractual breaches, the regulator has argued.
The FCA’s BI test case names eight insurers as defendants: Arch, Argenta, Ecclesiastical, Hiscox, MS Amlin, RSA, QBE and Zurich. However, at least 16 are expected to be affected by the outcome.
Meanwhile the FCA is arguing on behalf of policyholders, alongside policyholder groups the Hiscox Action Group and the Hospitality Insurance Group Action.
Responsibility
In its original defence, which it has since amended, RSA had sought to pin contractual responsibility on the policyholder as the
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@insuranceage.co.uk.
You are currently unable to print this content. Please contact info@insuranceage.co.uk to find out more.
You are currently unable to copy this content. Please contact info@insuranceage.co.uk to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@insuranceage.co.uk
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@insuranceage.co.uk
More on Insurer
Analysis: Placement strategies – are brokers turning the tables?
What is driving brokers’ decisions on which markets they use? While once it was insurers holding the aces, it now appears the boot is on the other foot, finds Rachel Gordon
PE-backed US consolidator buys London-based MGA
Landmark Underwriting has been acquired by Bishop Street Underwriters, a US-based MGA consolidator and incubator backed by RedBird Capital Partners.
Polaris at 30 – Ray Vincent
As insurance industry owned Polaris celebrates its 30th birthday, Insurance Age asks experts for their recollections on the dawn of digital trading and what is coming next.
Leeds regional review: Buoyant market optimistic for continued growth
Insurance experts in Leeds are confident in the region’s prospects as competition for talent ramps up, reporter Rosie Simms discovers in her review of the Yorkshire city.
Polaris at 30 – managing director Vivek Banga
Ahead of a week-long ‘Polaris at 30’ series Insurance Age caught up with managing director Vivek Banga to run the rule over the history of e-trading developments and what is coming next for brokers.
People Moves: 18 – 22 November 2024
Follow the latest insurance personnel moves.
Allianz Commercial UK boss Côté departs to join RSA in new CEO role
Allianz Commercial managing director UK Nadia Côté has left the insurer to join RSA as CEO Europe.
Meet the MGA: Kayzen Specialty
Kayzen Specialty founder and CEO Charles Boorman explains to Jonathan Swift his plans for the MGA to be a go-to market for financial lines through continuous improvement across its three pillars of broker-centric, underwriter-fronted and tech-focused.