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Insurance renewal notice disaster - oldruffian

I understand it's a Financial Services Authority requirement that insurers send out a renewal notice 21 days or more before a policy expires. My friend never received a renewal notice from her broker (who had handled her insurance for many years) and was driving at a roundabout when the car in front abruptly braked and she bumped into it. It then turned out that my friend had unwittingly been uninsured for a short while. The other driver put in a large claim to the Motor Insurers Bureau, mainly for alleged whiplash injury since damage to her very old car was minimal. We have been trying to determine several legal points - and would welcome any wisdom that people might offer on her plight:

1) Can the insurance broker who failed to send out the renewal notice be held to account for failing in a duty of care - and be made to shoulder at least some of the resultant liability facing my friend;

2) The MIB has forked out about £4,000 to the other driver and is now seeking money from my friend. Does the bureau have any legal claim on her, since she had no contract with them and they paid up without consulting her?

Incidentally the matter was reported to the police, who decided to take no action against my friend.

Insurance renewal notice disaster - martint123

I understand it's a Financial Services Authority requirement that insurers send out a renewal notice 21 days or more before a policy expires.

Do you have a reference for this? I can't find it after quite a search.

Insurance renewal notice disaster - Problem_Polo :-/

Whilst being in no way a legal expert of any sort, I really can't imagine that an insurer/broker could be put in a position where they would be legally responsible for a driver failing to renew their cover, I'd think that very unlikely indeed. I don't know whether or not there is a requirement for them to provide a warning of policy expiry, but even if there is, you not receiving it and them not sending it are two very different things :-/

Insurance renewal notice disaster - stu68

There is only 1 person responsible to ensure they are insured to drive a motor vehicle and that is the driver. I really dont think 'my reminder never came' would work.

Insurance renewal notice disaster - injection doc
Driving does come with responsibilities, that does include making sure you are MOT'd taxed and insured. It sounds rather like she's looking to blame someone else for her failure to renew her insurance. We always put renewel dates on a calander and diary !
I bet she always makes sure her house is insured !
One thing you can always garrantee, when you have insurance mostly you dont need it , but when you haven't its needed!
Insurance renewal notice disaster - oldruffian

This is the FSA requirement, taken from the FSA Insurance:conduct of Business document:

No less than 21 days before the expiry of the policy, an insurance
intermediary must:
5.3.18
(1) if the insurance undertaking is willing to invite renewal of the
policy, take reasonable steps to provide the retail customer with
renewal terms in a durable medium in accordance with
¦ ICOB 5.3.21 R ; or
(2) take reasonable steps to notify the retail customer if the insurance
undertaking is not willing to invite renewal; or
(3) notify the retail customer that the insurance intermediary no longer
deals with the insurance undertaking.
¦ ICOB 5.3.18 R(2) includes circumstances where the insurance undertaking is not willing
to invite renewal through the insurance intermediary in contact with the retail customer.
5.3.19
¦ ICOB 5.3.15 R has the effect that a renewal of a non-investment insurance contract of
more than one year's duration must be treated as a new sale, in order to comply with the
5.3.20
DMD. A renewal of a non-investment insurance contract which has been extended in
accordance with ¦ ICOB 5.3.22 R(4), so that it is longer than one year, must also be treated
as a new sale. For these contracts an insurance intermediary should provide information
in accordance with the rules in ¦ ICOB 5.3.1 R to ¦ ICOB 5.3.8 R and not ¦ ICOB 5.3.15 R.
The information to be provided to the retail customer in accordance with
¦ ICOB 5.3.16 R or ¦ ICOB 5.3.18 R(1) is:
5.3.21
(1) a statement of any changes to the terms of the policy;
(2) an explanation of those changes, where necessary;
(3) any changes to the directive-required information in ¦ ICOB 5.5.20 R
(subject to ¦ ICOB 5.5.17 G to ¦ ICOB 5.5.19 R);
(4) the statement of price at ¦ ICOB 5.5.14 R;
(5) information about cancellation (¦ ICOB 5.3.12 R to ¦ ICOB 5.3.14 G);
and
(6) a prominent statement of the retail customer's right to request a
new policy document.
¦ ICOB 5.3.18 R and ¦ 5.3.22 ICOB 5.3.21 R do not apply where:
(1) the insurance intermediary has reason to believe that the retail
customer does not wish to renew the policy through it;
PAGE
13
FSA Handbook ¦ Release 052 ? March 2006 5.3.22
Section 5.3 : Provision of information to retail
customers
ICOB 5 : Product disclosure
5
(2) the insurance intermediary has notified the retail customer that
it does not wish to act for him on renewal;
(3) the retail customer has already been notified that the insurance
undertaking will not invite renewal; or
(4) the retail customer requests an extension to the non-investment
insurance contract for a period less than that of the original
non-investment insurance contract.
5.3.23 (1) Examples of situations where the insurance intermediary would have reason
to believe that the retail customer does not intend to renew are travel
insurance for a single trip, mortgage payment protection insurance where
the mortgage has been repaid, or creditor insurance tied to the term of a
loan.
(2) An insurance intermediary who contacts a retail customer at least 21 days
before expiry of the policy to check whether the retail customer wishes to
renew, can rely on an oral statement by the retail customer that he does not
wish to renew or on the retail customer's failure to respond to a request in
a durable medium to contact the insurance intermediary by a specified date
if he wishes to renew.

***********

To be honest, I think you are all probably right in that ultimate responsibility may well lie with the customer - but it is an anoying omission and without it the situation would never have arisen.

Insurance renewal notice disaster - Problem_Polo :-/

Whether an 'annoying omission' or not, the moral here is clearly to take responsibility for one's own requirements and not to rely upon an insurer to provide a reminder. Had the insurer claimed that it was sent at the correct time, would your friend then look to include Royal Mail in their defence?! I know my renewal date, and seeing as for most people it will always be the same, it shouldn't be too tricky to memorise it for future reference!

Edited by Problem_Polo :-/ on 24/02/2011 at 19:24

Insurance renewal notice disaster - Collos25

Part 1 absolves them they perhaps didn't want to take the risk of this policy again.

You have very little or no chance of getting anywhere, try by all means and I hope you wiin.

Insurance renewal notice disaster - martint123

Part 1 absolves them they perhaps didn't want to take the risk of this policy again.

But part 2 makes them tell you they won't renew. So renewal time should produce a letter of some sort by the looks of it..

Insurance renewal notice disaster - Collos25

There is not a chance in this world of putting the blame on the insurance company.

Insurance renewal notice disaster - rwh

Unfortunately the reference to the 21 day rule is now out of date! New ICOBS replaced old ICOB in 2008. Insurers are now off the hook and do not need to give this length of notice. or in fact any length of notice It will be intersting to see how they honour the general priciples of good faith found in ICOBS and FSA handbook . Why the change for the worst? I can only assume that the insurance industry has a bigger hammer than we do!

I agree that there is no legal duty on an insurer to inform his customer that the policy is coming to an end. This is becaue the contract is of one year duration and the relationship ends. BUT I would not say the same with regard to a broker or any other insurance intermediary. They owe a professional duty of care . That duty is to look after your insurance needs and thefore failure to keep you informed of the expiry of your policy I would think is a breach of their duty.