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FCA finalises BI insurance guidance to firms

Following its consultation on 1 June, FCA has now finalised its guidance to insurers and intermediaries, setting out its expectations on how they should handle complaints and claims under business interruption policies during the test case. The guidance has immediate effect.

The guidance applies to all insurers, managing agents and intermediaries that underwrote, performed functions for a Lloyd’s member in respect of, or carried out insurance distribution activities in respect of a relevant non-damage BI policy before 9 June 2020. It applies to relevant non-damage BI cover where the policy is within the scope of ICOBS 8 and the applicable law is the law of one of the constituent jurisdictions of the UK. It does not apply where insurers have already decided to accept claims or determined that their policies do respond to the pandemic. These firms must just continue handling and paying claims on a timely basis.

All relevant firms, regardless of whether they are involved in the detail of the test case or not, need to consider:

FCA expects them to appoint a senior manager to oversee its expectations. Alongside the finalised guidance, FCA has published the key documents from the case for firms to read. Following consultation, FCA has made a few changes to the guidance, mainly:

The guidance covers firms obligations under the Principles, particularly Principles 6,7 and 11, ICOBS, particularly ICOBS 2.2.2R, 2.5-1R and 8.1 and DISP, particularly DISP 1.4 and 1.6.  FCA now expects:

Where an insurer delegates any aspect of claims or complaints handling to a third party, it must ensure the third party is aware of the guidance and applies it – and, of course, the insurer will remain responsible and must comply with its obligations under SYSC. The guidance also covers how it applies where there are co-insurers and where a complaint is within the Lloyd’s complaint handling process.

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