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Q&As
Does an insurance intermediary act as agent of the 'insurer' or agent of the 'insured' when distributing insurance products online under the following types of agreements with its insurer panel: a) standard 'Terms of Business' agreements (with no delegated authority), b) full Delegated Authority agreements? What would be the consequences of being found to be agent of the 'insured' and 'insurer' respectively eg liability, regulatory implications such as disclosures to customers under ICOBS? This would be in the context of the distribution of insurance rather than the collection and payment of premium (in the latter context the intermediary would act as the agent of the insurer).
Our Practice Note: The functions and duties of insurance brokers—policy placement provides guidance on these points. In particular, the functions of insurance brokers, which stipulates ‘This primary function [placement] is carried out as an agent of the insured, but brokers also carry out various other tasks. Whether the broker is agent of the insured or insurer depends on the nature of the task. Brokers
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