The Consumer Insurance Contracts Act 2019 (the “Act”), came into effect on September 1st, 2020 and reforms the law applicable to consumer insurance contracts. The main aim of the Act is to strengthen your rights and improve your protection as a consumer. The Act also amends the duties of Insurers and your duties as a consumer. Bank of Ireland Insurance Services welcomes the changes brought about by the Act.
We have worked with our Insurance Partners to review our policy wordings and documentation and have updated them to ensure that they are compliant with the Act.
The changes came into effect in two phases; the first from 1st September 2020 and the second on 1st September 2021. We have outlined below the key changes for each effective date.
Who does the Act apply to?
The Act applies to consumers. For the purposes of CICA, a consumer is defined in the Financial Services Pensions Ombudsman Act 2017 and includes personal consumers and businesses with an annual turnover of €3m or less in the previous financial year.
Key Changes from 1st September 2020
Your Policy
- Where the Insurer alters the terms and conditions of your policy, you will be notified no later than 20 working days before your renewal date.
- Where the Insurer cancels your policy, you will be refunded the balance of the premium that you have paid, for the unexpired term of your contract.
Duties in Relation to Claims
The Insurer will continue to handle your claims in compliance with the Central Bank of Ireland Consumer Protection Code 2012. However, if the Consumer Insurance Contacts Act applies to your policy, the following will also apply:
- Your Insurer is under a duty to handle claims promptly and fairly, notify you of a third-party claim as soon as possible and inform you when a claim is settled or closed. Your Insurer will continue to process claims quickly and fairly and to keep you informed throughout the process.
- The Act reminds you of your duty to report claims within a reasonable time and requires you to respond to reasonable requests for information in an honest and reasonably careful manner.
- Where it is not possible to quantify the total value of the claim within a reasonable time, but where part of the total value has been quantified, your Insurer will pay that part to you within a reasonable time.
- Your Insurer will also disclose any information of which they become aware that supports or prejudices the validity of your claim and you will also be required to disclose such information to them.
- In the event of a claim, your insurer will advise you of any policy conditions under which they are not obliged to pay the full amount of the claim unless and until repair, replacement or re-instatement works have been completed and any required documentation has been provided. Where such conditions apply, the amount of the “claim settlement amount” as defined by the Act, that can be deferred are –
- 5% of the claim settlement amount in a case in which the claim settlement amount is less than €40,000 or
- 10% in a case in which the claim settlement amount is €40,000 or more.
- Where a claim contains information that is false or misleading and you know, or you consciously disregard whether it is false or misleading, your Insurer may refuse to pay the claim and may cancel the contract of insurance.
- The Act also allows third parties to make a claim directly against your insurance policy where –
- the person insured under a contract of insurance has died, cannot be found or is insolvent and
- where the person insured under a contract of insurance lacks capacity or fails or refuses to communicate with the third-party who suffered injury or loss.
Key Changes from 1st September 2021
Your Policy
- From the 1st of September 2021 the onus will be on the Insurer to ask you all relevant questions when you are buying or renewing a policy.
- You are required to be honest and not hide any information that would affect the contract and the Insurer is required to do the same. You’re also required to answer any questions asked, honestly and with reasonable care. Where this has not happened, your Insurer may use one of the remedies available under the Consumer Insurance Contracts Act 2019 including, cancel the policy, reject a claim or limit the amount paid in the event of a claim.
- You are not obliged to offer any more information than you are asked for, however there are changes that you will need to tell your Insurer about if they occur as they may affect your policy e.g. if you build an extension onto your home or your business premises/if you modify your car etc.
- You will be advised of the changes you need to notify your Insurer of before you enter into a contract.
- 5 years claims information document will be included with your policy documents.
- From the 1st of September, as part of the renewal process, you will be provided with a list of claims on your policy for the previous 5 years (or for less than 5 years where you have held a policy with the Insurer for a shorter period).
- As part of the renewal process you will also be provided with your previous 5 years premium or an annualised version of your premium if you made a change to your policy within any year.
If you require more information, a full copy of the Act is available at www.oireachtas.ie