This document explains Allianz Commercial’s response to the key elements of the reforms enacted by the Insurance Act 2015, and details how these changes will impact Garratts and our customers.

Introduction
Since 2006 the Law Commission and Scottish Law Commission have been conducting a joint review to reform insurance contract law for consumer, marine and non-consumer insurance.

The review has been phased with the first stage culminating in the Consumer Insurance (Disclosure and Representations) Act 2012. This covers one discrete area of consumer insurance law and applies to policies issued or renewed on or after 6th April 2013. The 2012 Act replaced the consumer’s duty to volunteer information with a duty to answer the insurer’s questions honestly and reasonably.

On 12th February 2015, Parliament passed the second piece of legislation, the Insurance Act 2015. This Act reforms post contractual issues for consumer and non-consumer insurance contracts alike and pre-contractual obligations on commercial policyholders to make a fair presentation of the risk. These latest reforms represent the largest overhaul to insurance contract law in England, Scotland and Wales in over a century. They are intended to bring the market into the twenty first century by rebalancing rights and remedies when things go wrong.

Insurers have the option to opt out of these changes or embrace them by August 2016. As we always have the customer at the forefront of what we do, we have gone above and beyond the actions required and intend to adopt the reforms with immediate effect.

The key provisions relate to disclosure, warranties, conditions and fraud, as follows:

Duty of Disclosure and Representation

The duty of disclosure is retained for business insurance, as part of a wider ‘duty to make a fair presentation of the risk’. The duty is satisfied if either all material circumstances are disclosed by the business, or sufficient information is provided to put the insurer on notice to make further enquiries.

Remedy for Failing to Make a Fair Presentation of the Risk

If a business fails to make such disclosure, the insurer‘s remedies must be proportionate (other than where non-disclosure is fraudulent or reckless), based on what the insurer would have done if it had received a fair presentation of the risk.

Basis of Contract clauses (Warranties)

Basis of contract clauses are abolished for all classes of insurance. These are clauses which incorporate all statements made in the proposal form as warranties in to the insurance policy.

Remedy for breach of Warranty

All warranties are made remediable. If a business breaches a warranty, the insurer’s liability is suspended for the duration of the breach. If the breach is remedied before a loss occurs, the insurer has to pay the claim.

Remedy for breach of terms designed to reduce particular types or risk

Where an insured breaches a term of an insurance policy (whether it is a warranty, condition or similar) which is intended to reduce the risk of particular types of loss, the insurer cannot refuse to pay a claim if the insured shows that the breach did not increase the risk of the loss.

Remedy for fraud

The option of avoidance – treating the policy as if it had never existed – has been removed. This means that the insurer is still on risk for claims made before the fraudulent act occurred. The insurer has the option to terminate the policy with effect from the date of the fraudulent act.

Also introduced into the Act are amendments to the Third Parties (Rights against Insurers) Act 2010 so that this latter piece of legislation can finally be brought into force. This will allow third parties to bring actions directly against the insurer without first establishing the liability of the insured.

How we are embracing the Insurance Act

Fair Presentation of Risk

Whilst the Act reminds customers of the continued need to disclose material facts, the focus is on making customers and insurers aware of the different remedies available in the event of an innocent, deliberate or reckless failure to make a fair presentation of the risk. We will fully adopt these changes.

In the event of an innocent failure to make a fair presentation, where we would have issued a policy albeit at a different premium, we will proportionately reduce the amount payable for a claim’s settlement by comparing the premium that would have been charged with that actually charged. If we would have applied different terms, these will apply at settlement of the claim.

In the event that a policy would not have been issued at all, we may avoid the policy but will return the premium.

Only in the event of a reckless or deliberate failure to make a fair presentation, would we have the option of avoiding the policy and not returning the premium.

Warranties

The Act requires that warranties become suspensive conditions. We have decided it is in the customers’ best interest to go further and remove warranties from our policies.

Going forward, our policies will be warranty free. In the interim, if a policy contains a warranty it will now be treated as a condition precedent whilst we update our policy documentation.

Conditions Precedent

The 2015 Act still envisages the need to use conditions precedent to properly reduce the risk of a loss occurring for insurer and insured alike.
Whilst the Act only requires a breach of a condition precedent to increase the risk of loss before an insurer can refuse to meet a claim, we have gone beyond this requirement and will not repudiate claims where the customer can, on balance, show the breach did not actually cause or contribute to the loss.

Basis of Insurance

Basis clauses have been abolished by the Act and we are removing them from our contracts. We will not apply them in the interim.

Fraud Condition

The Act sets out the remedies available to the insurer in the event of fraud.

If the customer exaggerates, makes a fraudulent claim, or uses fraudulent documentation, we may refuse to pay the claim. We may also have the option to terminate the policy and retain the premium from the date of the fraudulent act.

How our customers benefit from these changes now

All customers* will benefit from the following changes with immediate effect:
• Warranty free policies
• Conditions precedent will only be invoked if a breach has contributed to the loss
• Basis clause removed from policies
We have distinguished between innocent, deliberate or reckless nondisclosure and clearly describe to our customers how we will deal with this.
Beyond the requirements of the Act, our customers will now benefit from warranty free policies.
We will ignore conditions precedent where our customer can, on balance, show the breach did not cause or contribute to the loss.
We are now starting to change our policy documentation. Whilst the Act does not come into force until August 2016, we intend to handle claims as if the Act applies to our existing policies. Our customers will therefore benefit from these changes immediately and we will start to issue updated policy documentation. In the meantime, the clauses we will use to apply these changes for Commercial Insurance products will shortly be made available on www.allianzebroker.co.uk.

Please click on the link to view:
https://view.publitas.com/biba/biba-manifesto-2015/page/1

Small firms urged to take steps to combat cyber crime
From:Department for Business, Innovation & Skills, Department for Culture, Media & Sport and Ed Vaizey MP

First published:22 October 2014

Part of:Keeping the UK safe in cyber space, Making it easier to set up and grow a business, Business and enterprise and National security.
Many small and medium-sized businesses ignore or underestimate the threat online fraud poses to their profitability, cashflow and reputation.
Many small and medium-sized businesses ignore or underestimate the threat online fraud poses to their profitability, cashflow and reputation, according to a panel of experts on cyber fraud.

Ed Vaizey, Minister for Culture and the Digital Economy, invited experts from government and industry to join a Cyber Streetwise small business round table, to create an easy to understand action plan that will help small firms combat cyber crime.

The event marked the new phase of the Cyber Streetwise campaign, which focuses on helping small business owners protect themselves against cyber threats.

The group of experts recommend that all small and medium-sized businesses should:

train staff to understand cyber threats
keep software secure by always installing updates
install and use anti-virus software
use complex passwords which include a minimum of 3 words and a symbol
Minister for the Digital Economy Ed Vaizey said:

Small businesses are driving economic growth here in the UK but remain particularly vulnerable to cyber security breaches that can result in hundreds of thousands of pounds worth of damage.

That is why government and industry partners are working to make the UK one of the safest places to do business online through our National Cyber Security Programme. A crucial part of this programme is building awareness of cyber threats amongst our small firms, and the Cyber Streetwise campaign is doing just that. It provides clear and easy to follow guidance to help small and medium-sized companies protect themselves from online criminal activity.

The most common problems faced by businesses include staff exposing IT systems to malware by plugging in external devices and USB sticks, opening infected emails or using unsafe websites with malicious code. Poor device passwords and out of date software also leave firms vulnerable.

To further boost their cyber security credentials firms can join the new Cyber Essentials scheme which helps businesses protect themselves against cyber threats and awards them a badge to demonstrate they meet government and industry-endorsed criteria. The Cyber Security Innovation Vouchers scheme can also help by providing up to £5,000 to invest in improved cyber security.

Research has found that 60% of small businesses suffered a malicious breach in the past year and half of them had a serious incident. The worst breaches disrupted operations for small businesses for an average of 7 to 10 days.

Emma Philpott, CEO of IASME, said:

Many businesses simply don’t realise they are at risk and assume cyber criminals are only targeting banks or large online retailers.

The reality is that all businesses are interesting to cyber criminals and if you’re online in any way, you are a target. Cyber Streetwise is a great place to get quick, bite-size, non-techy advice on keeping the cyber criminals at bay.

The panel believe small and medium-sized businesses should use improved cyber security as an opportunity to gain a competitive advantage, improve customer service and boost reputations by demonstrating they have taken steps to defend against attacks. This action could have a positive impact on business growth with recent research finding that 59% of consumers are put off shopping with small firms online, and 82% would buy more if they could show they were protected from cyber crime.

More large UK and overseas companies also expect suppliers to have robust cyber security measures in place and the government now requires many suppliers to have Cyber Essentials certification. Businesses should reassure customers they are a safe supply chain partner.

John Allan, National Chairman, Federation of Small Businesses (FSB), said:

Cyber crime poses a real and growing threat for small firms and it isn’t something that should be ignored. Many small businesses will be taking steps to protect themselves but many others have not recognised the increasing threat and have neither adopted technologies nor strategies to defend against cyber crime. For those that don’t, the cost of cyber crime can be a barrier for growth and in the worst cases, can put a firm out of business.

While we welcome action from the government and the wider public sector, there are clear actions that businesses can take to educate and help themselves to counteract cyber crime. The FSB would strongly encourage them to do so.

Notes to editors
1.Cyber Streetwise is a cross-government awareness and behaviour change campaign delivered by the Home Office in conjunction with the Department of Business, Innovation and Skills, the National Crime Agency, Action Fraud and the Cabinet Office. It is funded by the government’s 5-year £860 million National Cyber Security Programme.

2.The round table, was attended by:

James Quinault – Director, Office of Cyber Security and Information Assurance
Peter Wilson – Deputy Director, Office for Security and Counter Terrorism, The Home Office
Simon Kendall – Head of Private Sector Engagement, Cyber Security and Resilience, BIS
Simon Whalley – Head of External Affairs, London Chamber of Commerce and Industry
Richard Hyde – Policy Advisor, Federation of Small Businesses
Frank Gilbert – IT Systems Manager, Axis Electronics
Del Heppenstall – Cyber Security Practice Director, KPMG
Carla Baker – Senior Manager for Government Affairs, Symantec UK and Ireland
Stuart Aston – Chief Security Advisor, Microsoft
Emma Philpott – Founder of the UK Cyber Security Forum and CEO, IASME
James Lyne – Global Head of Security Research, Sophos
Chris Gibson – Director, CERT-UK
3.The panel encouraged business owners to take on their simple recommendations, which would make a difference to their firms’ safety online.

4.Advice and support for small firms – as well as links to free online training – can be found on Cyber Streetwise.

5.Additional quotes:

Simon Whalley, Head of External Affairs at the London Chamber of Commerce and Industry, said:
Even businesses who don’t sell online have much to gain by being cyber secure. Making themselves more attractive as an export and supply chain partner is a very achievable growth goal which is not always open to businesses who disregard the issue of cyber security. Being a victim can severely impact a business’s bottom line, but as Cyber Streetwise demonstrates, it doesn’t need to cost the bottom line to boost your cyber security.

Frank Gilbert, Systems Administrator at Axis Electronics, said:
We’ve found that a few simple changes in cyber security practices really can have a big effect on the business – and I’d encourage others to follow suit. It’s essential that our customers have trust in us, and our ability to keep their information safe. If our systems were breached, not only would there be an immediate financial implication to resolve the issue, but our customers would lose confidence in us. That would affect the business for months and years to come.

6.The government’s Cyber Security Guide for Small Businesses is available.

7.Cyber Security Innovation Vouchers are available via the government’s innovation agency, Innovate UK (formerly the Technology Strategy Board).

8.Free online information security training for SMEs is available.

9.Cyber Essentials is a new government-backed and industry supported scheme to guide businesses in protecting themselves against cyber threats. Cyber Essentials sets out 5 key technical controls in free-to-download documents which any organisation can use. A Cyber Essentials badge to demonstrate companies meet government and industry endorsed criteria is available via an affordable assessment process.

10.More information about the Information Security Breaches Survey conducted by PwC on behalf of the Department for Business, Innovation and Skills and in association with Infosecurity Europe, 2014 is available from PwC’s website.

11.Research among consumers and business buyers of small and medium goods and services, performed by OnePoll (2,000 UK consumers) and Coleman Parkes Ltd (procurement managers at 150 large UK businesses with more than 500 employees) for Consolidated PR on behalf of the Home Office, December 2013.

12.The UK Cyber Security Strategy (November 2011) sets out how the UK will support economic prosperity, protect national security and safeguard the public’s way of life by building a more trusted and resilient digital environment. The National Cyber Security Programme (NCSP) within the Cabinet Office coordinates and funds work undertaken by government departments to implement the UK Cyber Security Strategy. Information on progress against the strategy and achievements of the National Cyber Security Programme can be found at Keeping the UK safe in cyber space.

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Published:
22 October 2014
From:
Department for Business, Innovation & Skills
Department for Culture, Media & Sport
Ed Vaizey MP
Part of:
Keeping the UK safe in cyber space
Making it easier to set up and grow a business
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The Financial Conduct Authority has released their Consultation paper, Guaranteed
Asset Protection Insurance: A Competition Remedy. Part of their proposals are to limit
the point-of-sale offer of GAP insurance when product is sold by a dealer or distributor of
motor vehicles.

The FCA intends for the new rules to come into force in September 2015.
The FCA’s key proposals for motor dealers who wish to sell GAP Insurance are:-
 to provide information that will encourage customers to shop around;
 to advise customer’s that they can purchase GAP Insurance elsewhere;
 to introduce a deferred opt-in or break in the sale, whereby a dealership’s salesperson can start the sales
process but cannot conclude the sale for a defined period of time. Allowing customers time to consider
whether the product is of benefit to them and provide the opportunity to shop.

The FCA said it wants to promote competition in the £160 million guaranteed asset protection (GAP) insurance
market, including limiting the point of sale advantage for GAP sales made on the vehicle showroom floor and
making it easier for consumers to explore alternative options available to them.
GAP insurance is usually offered alongside car sales. The study found that consumers were often buying without
having previously considered the product or shopping around for alternatives, concluding were customers getting
the best deal.

Christopher Woolard, director of policy, risk and research at the FCA, said: “Earlier this year we said that firms must
put consumers’ interests first. It’s important that people are able to make informed decisions about whether they
need GAP, and if they do, the best place to buy it.”

“Today’s proposed rules are intended to help consumers from paying too much for a product that may not be
offering good value for money.”

This would indicate that consumers are buying products that offer poor value for money, the monopoly that motor
dealers enjoy puts them in a very strong position. With little competition at point of sale there is no pressure on
motor dealers to reduce price.

This is in stark contrast to GAP insurance sold via an insurance broker where the FCA has confirmed:- “Where
GAP insurance is not sold as part of a motor vehicle sale, we propose that these sales should be excluded from the
new requirements. For example, if GAP insurance is sold as an add-on to motor insurance (and not sold at the
same time as the motor vehicle) then we propose this circumstance should be excluded from the scope of the
proposals”.

We are delighted to confirm that following our annual audit, the Chartered Insurance Institute (CII) have confirmed renewal of our Chartered Insurance Broker status.

We remain one of only 150 Chartered firms in the UK and the CII confirm:

“Chartered titles are jealously guarded by professional bodies and are not awarded lightly. Chartered status therefore brings with it a number of serious obligations. A Chartered title is not simply recognition for staff having passed examinations.

The title Chartered Insurance Brokers is a public declaration that the advice given by your firm:

– is of the highest quality
– is based solely on the researched needs of the consumer
– is provided by someone not exceeding their level of competency”

At a gala evening at Stanley House in Mellor, Garratts walked away with the Best Social Media Presence title for 2014 and were finalists in the Best Business category.

We are delighted that our efforts and service to our clients is recognised by the wider business community and acknowledge the role played by our staff in helping our reputation continue to flourish and grow.

We are delighted to confirm that both Matt Garratt and James Grindley have successfully achieved their first professional qualifications within 12 months of entering the industry.

As part of their Apprenticeships they have both achieved the Cert CII title following 12 months intensive learning and three external examinations. Whilst their daily learning continues, this is a huge positive step in their professional careers.

Well done to them both.

cyber-protection1-300x227Data breaches happen all the time, so it’s important for your business to manage the risks related to a data breach and reduce the significant cost that is the result from it. The simple answer to this problem is to get insurance.

Your business and standard property insurance doesn’t cover certain important data, which includes all of your customer information and their contact details alongside employee security numbers. This information is perfect for a cyber-hacker, but Cyber Liability Insurance will cover these things for you.

Imagine not being able to take orders or collect any payments due to your system being down – Cyber Liability insurance covers this, too. This insurance will cover loss of profits due to a system fail that is caused by any virus or an attack.

Some people believe that cyber insurance is only suitable for large corporations, but it is also beneficial for small businesses.  Most hack attacks actually target businesses with less than 250 employees.

Here are a few reasons why you should consider investing:

  • It probably covers more than you think
    Many policies offer “first party” coverage, meaning they will pay you for things like business interruption and the cost of notifying customers of a breach as a result of a cyber-attack. Without this insurance, you could be held liable and face severe penalties.

 

  • You are protected if your cloud provider messes up
    If your website is hosted or stored in the cloud, you’re still legally responsible. You can’t fully control the way in which a cloud provider handles your data, but this insurance policy can protect you if your cloud provider makes any mistakes.

 

  • Social media sites expose information with little control
    Your business site and your employees activity on social media can trigger liability if your business is responsible for the sites. Defamatory statements, leaked information and copyright infringement can all be covered with a Cyber Liability Insurance policy. Losing the trust of your customers can be much more damaging than the financial loss you will incur to repair the effects of the breach.

 

Cyber liability insurance has been available for around 10 years. However, it’s rarely purchased. The data and information of your business is probably worth much more to you than the equipment on which it is stored.

If you’d like some more information on a Cyber Liability Insurance policy we can provide for you, please contact us today for a chat.

your-needs-image1-300x253Here are Garratts Insurance Brokers, relationships are at the heart of everything we do. Whilst providing insurance options and solutions for companies are a daily routine to us, we appreciate that to any business the topic can be extremely confusing.

We blend deep professional expertise and extensive industry knowledge. With a friendly, accessible approach to meeting our clients’ very specific insurance needs.

We keep our pricing competitive whilst using our longstanding relationships with major insurance companies to ensure that the covers we arrange effectively remove our client’s risk.

We will provide you with detail on available covers but then discuss which are most appropriate within the company’s budget.

If the worst should happen, you need peace of mind that comes from knowing your cover is watertight and your claim is being managed by hands-on professionals.

Our way of working has been tried and tested over 135 years of doing business as a family run firm. While we value our heritage and fully engaged with the dynamics of the modern business world.

We’re currently helping many businesses in many sectors – and I am, absolutely certain we can deliver significant benefits to yours.

Management Liability (D&O)

There are a number of issues that could be threatening your daily busiEmail-pic-150x133ness operations at this very moment and ignoring them could have a major impact on your professional life.
We are a team of highly-trained experts based in the local area, who specialise in helping business owners avoid common crisis situations. We are here to help you resolve and avoid workplace
problems quickly, efficiently and discreetly.
Don’t just hope it doesn’t happen to you, protect yourself against it instead. Our policy is backed by AXA, a global insurance heavyweight, and our experienced staff-members are just a phone
call away. It’s never been simpler to ensure that your business runs smoothly without any expensive hiccups along the way.

The insured can use their own solicitor for EPL claims but using Brabners would save them the £3,750 excess! Brabners also operate the free legal advice helpline – where else can you get free advice from such a well respected firm of solicitors?

 

When might you need us?

If any claims are brought against any of your current, former or future directors or employees, you may need to find the legal costs for any court proceedings, awards or settlements. You may also need to cover the costs of an official investigation. Not having insurance in place for this very costly exercise may prove to be very damaging to your business finances. Some businesses never recover! Our policy will cover you for both of these situations and provide you with peace of mind. Your business will be protected against an enormous and avoidable expense.

Another scenario in which you’re covered is if your business suffers a loss due to employee dishonesty or third party fraud. Don’t let someone else bring down the business you’ve worked so hard for through their criminal activities. We don’t cover third party fraud as standard.

Events which would lead to you being extremely pleased that you gave us a call:

  • If anything goes wrong with a pension scheme, trust fund, employee benefit scheme or public offering that was endorsed or encouraged by your company. This does not include defined benefit schemes automatically and we don’t cover public offerings as standard
  • If an employee is killed at work due to lapsed health and safety measures
  • If an employee makes an employment practise claim
  • A former, retired employee decides to put in a claim against you
  • One of your directors is mishandling trade secrets or dangerous goods
  • There is an unwanted legal issue surrounding not just your main business, but all your subsidiary companies too (our policy automatically provides cover for all your subsidiary companies)
  • Should any claims arise in the month following a management buyout (you’ll still be covered by our policy)
  • If your company is inadvertently involved with pollution and inefficient harmful waste management

Don’t let any of these scenarios happen to you. Give our team a call instead – 01772 555576