Insurance mediation activities—regulatory requirements [Archived]

The following Practice Compliance practice note provides comprehensive and up to date legal information covering:

  • Insurance mediation activities—regulatory requirements [Archived]
  • What is insurance mediation?
  • Exempt professional firm register
  • Life policies
  • Fair analysis of the market
  • Information requirement
  • Format of fair analysis information
  • Large risk exception
  • Demands and needs
  • Duty to consider suitability
  • More...

Insurance mediation activities—regulatory requirements [Archived]

This Practice Note has been archived and is not maintained. It relates to the insurance mediation regime applying to law firms before 1 October 2018. For the regime applying from 1 October 2018, see Practice Note: Insurance distribution activities—law firms, Insurance distribution checklist—law firms and Precedent: Letter recommending insurance–demands and needs—law firms.

What is insurance mediation?

Insurance mediation activities are defined as any of the following activities specified in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (Regulated Activities Order 2001), SI 2001/544 that are carried on in relation to a contract of insurance:

  1. dealing in investments as agent

  2. arranging (bringing about) deals in investments

  3. making arrangements with a view to transactions in investments

  4. assisting in the administration and performance of a contract of insurance

  5. advising on investments

  6. agreeing to carry on a regulated activity in the above

The table below sets out the sort of activities in which firms tend to engage regarding defective title and costs insurance, and explains whether each activity constitutes an insurance mediation activity:

ActivityIs this an insurance mediation activity?
Firm issues a insurance policy under delegated authority from the insurerYes—this is the regulated activity of dealing in investments as agent
Firm identifies need for insurance and refers client to an independent broker to advise on the best insuranceThis will constitute

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