FCA to change claims disclosure rules for consumers

clock

The Financial Conduct Authority (FCA) is consulting on changing its rules for consumers disclosing personal information to insurers.

Under the mooted rules, consumers will no longer have to disclose all ‘material' facts to insurers for claims. Instead they will now have a duty to take reasonable care not to make a misrepresentation during precontractual negotiations.

The change will seek to align the rules with the Consumer Insurance (Disclosure and Representations) Act 2012 (the Act), which came in on 6 April 2013.

In quarterly consultation paper CP13/3 the regulator said: "If the consumer fails to take reasonable care, the Act states that an insurer is entitled to a remedy against the consumer, such as cancelling their policy and not paying any claims, or only paying a proportion of a claim.

"Whether or not a consumer has taken reasonable care not to make a misrepresentation is to be determined in the light of all the relevant circumstances. For example, the type of consumer insurance contract in question and its target market, any relevant explanatory material or publicity produced or authorised by the insurer and how clear and specific the insurer's questions were."

The FCA said this amendment would allow firms and consumers to have clarity about the standards expected.

It would also give the regulator scope to take "appropriate action if we see evidence that firms fail to comply with the requirements of the Act and consumers are not getting a fair deal."

Any comments on paper CP13/3 should be submitted to the regulator by 6 August 2013.

More on Insurer

Usay Compare joins amii

Usay Compare joins amii

Becomes corporate member

Cameron Roberts
clock 24 April 2024 • 1 min read
LifeSearch Protection Awards 2024: Winners revealed

LifeSearch Protection Awards 2024: Winners revealed

21st awards ceremony

COVER
clock 17 April 2024 • 2 min read
L&C Mortgages appoints new CEO

L&C Mortgages appoints new CEO

Mark Harrington appointed

Cameron Roberts
clock 17 April 2024 • 1 min read

Highlights

COVER Survey: Advisers damning of protection insurer service levels

COVER Survey: Advisers damning of protection insurer service levels

"It takes longer than ever to get underwriting terms"

John Brazier
clock 12 October 2023 • 5 min read
Online reviews trump price for young people selecting life and health cover

Online reviews trump price for young people selecting life and health cover

According to latest ReMark report

John Brazier
clock 11 October 2023 • 2 min read
ABI members with staff neurodiversity policy nearly doubles

ABI members with staff neurodiversity policy nearly doubles

Women within executive teams have grown to 32%

Jaskeet Briah
clock 10 October 2023 • 3 min read