C3 - Setting up a delegated authority contract Flashcards

(45 cards)

1
Q

What would be 7 criteria that an insurer should consider when assessing if a CH-MGA is suitable for delegation

A
  1. Shared ethos - particularly wrt ESG
  2. Experience/track record - particularly the personnel not the company
  3. Staff - as a whole, CVs of all staff should be obtained and assessed
  4. Profitability - historic success
  5. Reputation
  6. Compliance with local regulator - ensuring licensing in all geographical areas
  7. Operational resilience - consider gaps and possible harm to customers
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2
Q

What should insurers consider for any brokers in the chain

A
  1. Do they have systems and controls in place to handle DA business.
  2. Are they capable of being monitored.
  3. Can they provide management information.
  4. What is their financial standing
  5. If sub-delegation is allowed, can it be monitored.
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3
Q

What might a CH-MGA consider in an insurer that it wants to partner with

A
  1. Financial security (use of rating agencies)
  2. What is the insurer’s reputation
  3. Can it evidence good data protection processes
  4. Is it appropriate licensed
  5. Are there any adverse entries on the financial services register check
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4
Q

In a DA contract who is the broker an agent of

A

The CH-MGA

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5
Q

What is a prior submit contract also known as

A

A limited binder

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6
Q

What are the 2 types of pre-agreed rates contracts

A
  1. Some discretion - allowed to charge within a range or not below a minimum
  2. No discretion - has to use a comprehensive rating matrix
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7
Q

What is a full binding authority/full binder

A

Ultimate level of UW authority where coverholder is allowed to rate as they please and manage the book as they wish.

May still contain limitations and exclusions

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8
Q

What are the levels of claims authority that can be delegated

A
  1. No authority at all - essentially a prior submit contract
  2. Authority handling claims alone - limited financial authority without intervention
  3. Authority for handling claims with an expert - higher financial authority for claims where there’s an expert such as a loss adjuster
  4. Factual limitations - claims are submitted to insurers based on a factual basis, such as denied coverage and personal injury
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9
Q

What were the FCAs concerns with delegated authority in the general insurance market from a report published in 2015

A
  1. Too much focus on underwriting and too little focus on claims and ops
  2. Lack of expression of the business appetite and how it fits in with other business written
  3. Insurers not considering the conduct risk element
  4. Frequent sub-delegation leading to no control
  5. Insufficient data for insurers to create management information
  6. General lack of oversight and audit
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10
Q

What were the additional concerns the FCA had with delegated authority in the general insurance market from a report published in 2019

A
  1. Number of parties in the chain adversely affects the pricing of the product
  2. Number of parties can impact the service that the client receives
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11
Q

What are some cost implications of delegated underwriting contracts

A
  1. Profit commissions
  2. Additional cost of hiring employees to manage contracts
  3. Reduced costs of outsourcing underwriting
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12
Q

What considerations are made when assessing the quality and adequacy of the underwriting function

A
  1. What experience do they have in the class of business?
  2. What controls do they have over the underwriting function?
  3. What authority will they be given?
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13
Q

What considerations are made when assessing their ability to operate a binder

A
  1. What is their prior experience with binders
  2. How do they monitor income and aggregates
  3. What qualifications and experience do their staff have
  4. Can their current systems record and process information and produce documents to the required standards
  5. How strong is their credit control function
  6. What other business do they have and will it distract them
  7. Do they understand the market from which their capacity will come?
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14
Q

What considerations are made when assessing a CH-MGAs business plan

A
  1. Where does the business come from
  2. What are the targets and an analysis of the current marketplace
  3. What is the basis for selecting and pricing risks
  4. How does the BA fit with any other business
  5. What other delegation contracts do they have
  6. What is their position on ESG
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15
Q

What considerations are made when assessing quality and adequacy of the claims function

A
  1. What knowledge/experience do the staff have
  2. What are the anticipated caseloads per person
  3. How do they control authority levels
  4. What are their record keeping procedures
  5. Do they understand the UK GDPR
  6. What are their conflict procedures
  7. How do they report
  8. How will they manage 3rd party experts
  9. How would they cope with catastrophe claims handling
  10. What is the communication channel with the insurer
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16
Q

What considerations are made when assessing a CH-MGAs reputation and standing

A
  1. What is their regulatory status and licenses
  2. What other classes of business do they handle
  3. Do they belong to professional bodies
  4. Who are the current owners/shareholders and is there a conflict of interest
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17
Q

What considerations are made when assessing a CH-MGAs financial standing

A
  1. Obtaining a balance sheet for profits/losses for the last 3 years
  2. Will there be adequate cash flow to maintain an organisation
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18
Q

What considerations are made when assessing a CH-MGAs professional indemnity cover

A
  1. Is there a large deductible
  2. Is the limit the same as any proposed authority being considered
  3. Wording should be checked to ensure there are no exclusions that relate to the business
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19
Q

What considerations are made when assessing a CH-MGAs operational resilience

A
  1. Is it able to cope with the volume of quotes
  2. Is it able to cope with catastrophe reporting
  3. How will business continue when faced with a COVID-19 situation
20
Q

How does due diligence apply at the renewal of a BA

A

Should focus on changes in circumstance or any anticipated changes to the agreement.

Due diligence should be ongoing through the year, not just at renewal.

21
Q

What are the items on the checklist for ensuring that Lloyd’s CHs are compliant

A
  1. Financials
  2. PI insurance
  3. Business continuity
  4. Anti-money laundering

List should equally apply to a non-Lloyd’s employer

22
Q

How does a broker manage a conflict of interest when broking a delegated authority contract and being a CH themselves

A

By setting apart personnel who handle the binding authority and those who handle the client facing business

23
Q

What are the 2 types of coverholder

A
  1. Retail coverholder - binds its own business
  2. Wholesale coverholder - binds business produced by their sub-broker/agents
24
Q

How is a broker useful for both insurers and CHs when looking to expand their business

A

Brokers can identify opportunities for insurers, and also source capacity for coverholders

25
If the broker remains involved as a conduit - what is their role
A flow of information and funds via Xchanging, monthly bdx or manual accounting
26
How does the CH-MGA get paid
1. Commissions - on each risk written 2. Profit commissions - % of profit, incentivises adequate pricing and risk selection 3. Overriders - form of commission based on a volume of risks. Quantity>quality 4. Brokerage - same as typical brokerage 5. Fees - extra fees charged to clients for their additional services (e.g policy issuance = policy fee)
27
Why does Lloyd's approve CHs
In the past Lloyd's has had trouble with CHs running off with premium or going out of business. As the policies had the Lloyd's logo on them, when insureds made a claim and the syndicate had no information about the risks or any premium on them either - Lloyd's paid out as denying personal lines claims would've had reputational impact
28
When did management of DA get better
Early 21st century with the introduction of the franchise model in Lloyd's.
29
What are the 2 ways in which a CH may be in order to be Lloyd's approved
1. Domiciled in any country where local regulators permit 2. Authorised to bind and issue documents under a registered BA, where the BA must be registered on a specific website
30
A CH application must be supported by...
A broker and/or managing agent Meaning a CH can't make speculative applications to Lloyd's without prospective business partners
31
A Lloyd's approved CH will not be allowed to bind risks until...
It's obtained a letter of support from a managing agent But can become approved with just with the support of a broker
32
What will Lloyd's look at when considering a CH application
- CH compliance - human resources - other resources - controls and procedures - reputation and standing - capital and financial resources - PI insurance cover - licences and authorisations
33
Where does Lloyd's receive its information from the coverholder for an application
- ATLAS and if required: - Full Coverholder Application Decision Paper ('the decision paper')
34
Who fills out 'the decision paper'
The sponsoring managing agent
35
Who else will Lloyd's ask when assessing a prospective CH
It's own country representatives
36
When is a 'decision paper' not required
When the sponsoring managing agent meets expected standard of operation. Known as a maturity rating In this case only an attestation, that they have done their due diligence, is needed by the MA
37
Who checks over the ATLAS form filled out by the prospective CH
The sponsoring managing agent
38
How do Lloyd's set out their terms, expectations of its coverholders and the powers of Lloyd's over them
The coverholder undertaking
39
What are the 12 headings covered in the coverholder undertaking
1. General Conduct 2. Underwriting Authority 3. Admin arrangements (inc. holding of funds) 4. Dealing w/ customers 5. Dealing w/ the Lloyd's market 6. Compliance w/ local requirements 7. De-registration or immediate suspension (i.e if binder is cancelled/terminated/expired) 8. Lloyd's powers to request information 9. Material changes 10. Data protection 11. 3rd party contract rights (specifying that Lloyd's can enforce the undertaking) 12. Governing law: the law of England
40
Why would a CH want to make a change request to Lloyd's in ATLAS
- Territorial limits - new classes of business - adding a new branch office
41
What would be some compulsory change requests to Lloyd's
Change in: 1. Personnel 2. Ownership 3. Company Name 4. Regulatory Status
42
What are some risks of remote workers at CH-MGAs
1. Lack of supervision 2. Use of unauthorised IT systems 3. Issuing incorrect documents 4. Lack of appropriate licence 5. Non-inclusion in PI coverage 6. Non-compliance with reporting 7. Policyholders sending premiums to unapproved address
43
When does approval have to be granted for remote workers
If the MA wants to authorise remote workers without the address needing separate branch approval Each individual employee needs to be recorded in ATLAS and approved by both a senior member of the CH-MGA and by the managing agent
44
What is a downside of a MA/insurer setting up a branch office as a CH
Expensive to setup a new office
45
When is a meeting with the delegated authority team at Lloyd's necessary to discuss business plan
When the prospective CH is a service company of an insurer. Branding, staff, financials, funds and data all need to be discussed. There's also a special service company coverholder undertaking that needs to be signed