Terms of Business
ANTHONY JONES (UK) LTD TERMS OF BUSINESS
Regulation. Anthony Jones (UK) Ltd are authorised and regulated by the Financial Conduct Authority. Our Financial Services Register number is 304602. You can check this on FCA’s register by visiting their website www.fca.org.ukor by contacting them on 0800 111 6768.
Status. We are an independent intermediary (broker) acting on your behalf. Our service includes advising you on your insurance needs, arranging cover with insurers to meet your requirements and assisting you with any alterations necessary to the insurance we have arranged on your behalf. We sell and advise on a wide range of both personal and commercial insurance products and provide advice or information on the basis of a fair analysis of the market from a wide range of insurers. We may issue and handle claims on behalf of some insurers. We also have permission to provide credit broking services
Confidentiality. Unless required by law or public interest or you give your consent, all information you supply will be kept confidential to us and parties involved in the normal course of arranging your insurance. Under the Data Protection Act 1998 you have the right to see personal information about you, which we hold in our records.
You are reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain an Insurance Certificate.
Your Duty to Provide Information. The Insurance Act 2015 requires you to make adequate enquiries within your business to identify and verify that information relevant to the risks concerned is disclosed. This must include knowledge of “senior management” of your business and those involved in buying insurance (including us as brokers). Reasonable enquiries must also be made of any relevant third parties involved with your business, including external consultants, contractors and anyone insured by the policy. Risk information should be clearly seen by insurers and brokers and not masked in large amounts of information. You must highlight unusual activities and /or known areas of concern that could affect risk. It is your duty to take reasonable care to answer all questions honestly and to the best of your knowledge and to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of your policy and when you renew your insurance. If you do not, your insurance policy may be cancelled or treated as if it never existed or your claim may be rejected or not paid in full. It is important that all statements you make on proposal forms claim forms and other documents are full and accurate. If a form is completed on your behalf, you should check that the answers shown to any of the questions are true and accurate before signing the document. You are advised to keep copies of correspondence or documents sent to us. If you are in any doubt as to whether information is material, you should disclose it. If you fail to make a fair presentation or risk (and this is not deliberate or reckless) and the insurer would have charged additional premium if it had been aware of the relevant material facts, the insurer has the right to reduce the amount to be paid on any claim during the period of cover in proportion to the amount of premium that would have been charged. This remedy is often referred to as ‘proportionate reduction of claim’ or ‘proportional settlement’.
Please do consult us if you are in doubt on any aspect. Failure to provide requested information to your insurers could invalidate your insurance cover and mean that part or all of a claim may not be paid.
Awareness of policy terms. When a policy is issued you are advised to read it carefully. It is that document, the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. Please ask our advice is you are in any doubt over the terms or conditions.
Charges. We normally receive commission on each policy, which will be a percentage of the insurance premium (before Insurance Premium Tax). This percentage varies depending upon the product and the provider. We may also charge a fee at inception and renewal to cover additional administration during the term of the policy such as advice, mid-term adjustments and claims assistance. We reserve the right to negotiate additional fees for any extra work or services undertaken. In the event of the cancellation of a policy most insurers do not allow refunds if there has been a claim during the current period of insurance, and any refunds that are given are normally calculated on a ‘short period’ scale, because the insurers costs are similar whether the policy has run for one month or twelve. Similarly, we reserve the right not to refund commission because this has been earned for arranging the policy. Such remuneration is only earned on the basis that it does not detract from our obligation to act in our client’s best interest at all times. If requested, brokers are required to disclose to commercial clients in writing the amount of commission payable in connection with the broker’s services.
Premiums and Financial Aspects. Premiums are paid into our Non-Statutory Trust client bank account (which has been set up in accordance with the strict rules laid down by the Financial Conduct Authority). We are required to inform you that we may use your individual premium to settle premiums due under other policies (including those payable by other clients). We normally settle Insurers Accounts monthly and our Commission is only received when payment is made. If we place your business through another intermediary regulated by the Financial Conduct Authority, your premium will be passed to that intermediary. We are the Agent of Insurers for the collection of certain premiums. We normally accept payment by cheque, cash or any of the major debit/credit cards. You may be able to spread your payments through insurers’ instalment schemes or a credit scheme that we have arranged with a third party finance provider. We will give you full information about your payment options and details of the interest payable when we discuss your insurance in detail. If any Interest accrues on the Premium paid this will be credited to a Client Account if this exceeds £20.00.
Solvency. We do not guarantee the solvency of any insurer we place business with. We do not accept liability for any loss you may incur arising directly or indirectly from the financial failure or insolvency of any insurer.
You may be have a liability for the premium, whether in full or pro-rate where a participating insurer becomes insolvent.
Our Service in relation to the provision of Premium Finance. We are authorised as a credit broker. We only offer the credit facilities of insurers and/or Premium Credit Limited or
Close Premium Finance and We will not provide any advice on the suitability of credit facilities to Your needs.
Claims. If you have a potential claim under your policy you must notify this either to us or your insurers immediately. Failure to do so may invalidate your claim. In the event of an emergency occurring outside our normal business hours your policy may contain emergency telephone help lines and advice. Please do not admit liability for any incident until you have spoken to us or your insurers.
Documents. We reserve the right to retain certificates or other documents until all payments due under the policy have been made. Facilities may be available for payment of premiums by instalments. Full details will be given when we discuss your insurance. If instalment facilities are used we may retain documents until we have received acceptance and/or payment from the finance provider. Where we retain documents we will provide details of your insurance cover.
Complaints. It is our intention to provide you with a high level of customer service at all time. However, if at any time you are dissatisfied with the service we provide, we have a formal complaints procedure. You should, therefore, take the following course of action:
In the first instance you should discuss your complaint with the member of staff with whom you have been dealing. If you remain dissatisfied, please write to, or telephone Terry Marshell at the address shown overleaf. We will acknowledge your complaint within 5 working days and advise you who is conducting the investigation in the matters which you have raised. We will provide a formal response within 20 working days from initial receipt of the complaint. If the complaint cannot be resolved within this timescale we will explain why and specify the likely timescale for resolution. If we cannot settle your complaint, you may be entitled to refer it to the Financial Ombudsman Service. We will advise you if you are able to refer any complaint to the Financial Ombudsman.
Financial Services Compensation Scheme (FSCS). We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Non compulsory classes of insurance are covered for 90% of the claim with no upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.
Claims and Underwriting Exchange Register and Motor Insurance Anti-fraud Register. Insurers pass information to the Claims and Underwriting Exchange Register operated by Database Services Ltd and the Motor Insurance Anti-Fraud Register compiled by the Association of British Insurers. The objective is to check information provided and to prevent fraudulent claims. Motor insurance details are also added to the Motor Insurance Database operated by the Motor Insurers’ Information Centre (MIIC) which has been formed to help identify uninsured drivers and may be accessed by the Police to help confirm who is insured to drive. In the event of an accident, this database may be used by Insurers, MIIC and the Motor Insurance Bureau to identify relevant policy information. Other insurance related databases may also be added in the future.
Employers Liability Tracing Office (ELTO). The insurance industry has formed an independent body called the Employers’ Liability Tracing Office (ELTO)to pro-actively help potential claimants find their employers’ liability insurer when they have suffered injury or disease. If you have an employers’ liability insurance policy, your insurer will need to request some additional information from you. This information will then be published on to the ELTO website, which can be accessed by the public. All employers are given a unique Employer Reference Number (ERN) by HM Revenue and Customs (HMRC) when they register as an employer. This reference is sometimes also referred to as the Employers PAYE reference. It usually takes the form of a 3 digit HMRC office number followed by a reference number unique to your business. You will also be asked for full details of any subsidiary companies or other employers covered by your employer’s liability policy, including registered address and ERN.
Applicable Law. This Terms of Business document is subject to English Law
Your acceptance of these Terms of Business does not affect your legal rights
TOBA. October 2016a version.