Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie
Terms of Business and Schedule of Professional Fees & Charges 25 th May 2018
Last Updated 25 th May 2018 / V2 – Fair View Insurance Ltd trading as Fair View Insurance and PlusInsure.ie is regulated by the Central Bank Of Ireland.
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie, Ballykeeran, Athlone,
Co. Westmeath is regulated by the Central Bank Of Ireland, is registered in Ireland under company
no 613403 and is a member of Brokers Ireland.
TEL: 085 764 9353
EMAIL: firstname.lastname@example.org / Info@plusinsure.ie
WEB: www.fairviewinsurance.ie / www.PlusInsure.ie
This document sets out the basis on which we will provide business services to you. They contain details of our regulatory and statutory obligations and the respective duties of both the firm and you in relation to such services. Please note that by proceeding with your quotation or policy you agree to the terms as laid out in this Terms of Business document. By accepting these Terms of Business you acknowledge that you have read and understand them, and that you have read and understand the information contained within your chosen quotation and/or policy and which is also contractually binding on you.
Regulatory and Authorised Status
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie is regulated by the Central Bank of Ireland, registered under the European Communities (Insurance Mediation) Regulations, 2005 (as amended). Our Central Bank Reference Number is C173127.
The firm is subject to the Central Bank of Ireland’s Consumer Protection Code, Fitness and Probity Standards and the Minimum Competency Code. These codes are available for inspection on the Central Bank of Ireland’s Website www.centralbank.ie
Compensation Schemes/Consumer Protection
Investor Compensation Company Ltd. (ICCL) Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie is a member of the investor compensation scheme established under the Investor Compensation Act, 1998 (“Act”). This legislation provides for the establishment of a compensation scheme and to the payment in certain circumstances, of compensation to clients or firms (known as eligible investors) covered by the Act. However, you should be aware that a right to compensation will only arise where client money or investment instruments held by the firm on your behalf cannot be returned either for the time being or in the foreseeable future, and where the client falls within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is 90% of the client’s loss, which is recognised as being eligible for compensation, up to a maximum of €20,000. Brokers Ireland Compensation Fund As a member of the IBA, Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie is also a member of the Brokers Ireland Compensation Fund Ltd. Subject to the rules of the scheme the liabilities of its member firms, up to a maximum of €100,000 per client (€250,000 in aggregate) may be discharged by the fund on its behalf, if the member firm is unable to do so, where the above detailed ICCL (established by law) has failed to adequately compensate any client of the member.
We will offer broad based advice on a fair analysis of available markets in relation to non-life insurance policies which will enable us to make a recommendation in accordance with accepted professional criteria. We will identify and select a suitable product producer and on receipt of your instructions we will transmit orders on your behalf to one or more product producers (a list of which is available on request).
We cannot guarantee the financial stability of the Insurance Companies with whom we place business, but once a premium is paid to us and you have been provided with a receipt these monies are deemed to be paid to the Insurance Company in question which gives comfort to our clients. We do not have any “tied” relationships with any institution that would compromise our ability to offer you fair advice and choice. We do not guarantee nor make representations in regard to, and expressly disclaim responsibility for, the financial condition of insurers or product producers with which we place insurance. We will not indemnify clients in respect of the failure of any insurer or product producer. Full policy terms and conditions are contained in your policy document, a duplicate of which is available at any time on request. Please see our Remuneration and Fees section. Do not assume cover is in effect until such cover is explicitly
confirmed by Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie.
Instructions for Policy Amendments
Please note that where an instruction is transmitted to amend your policy via phone message, text, E-mail or fax, changes in cover are only operable provided they have been confirmed by Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie.
Optional Insurance Products or Additional Insurance Products
At the inception of a new policy or on a subsequent renewal we may offer you various optional insurance products or services such as legal protection or personal accident. Such optional covers or benefits will be clearly indicated to you as such and the cost will be shown separately on our documentation. If you wish to avail of these optional extras; covers or benefits please inform us or remit the appropriate premium. You do not have to purchase the optional products in order to purchase the insurance product.
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie reserves the right to request additional information that may be required in order to comply with the Anti-Money Laundering requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
Your Duty of Disclosure
It is your responsibility to provide complete and accurate information for insurers when arranging an insurance policy, throughout the life of that policy and when you are renewing it. It is important that you ensure that all information provided, and all statements made on proposal forms, statements of fact, claim forms, and other documents are, to the best of your knowledge and belief, complete and accurate. Failure to disclose any material information to your insurers could invalidate your insurance cover and could mean that all or part of a claim will not be paid or your policy cancelled. If you have any doubts as to whether any information is material it should be disclosed.
You, the customer, can cancel your policy by notice in writing at any time. Provided that all reasonable charges pertaining to costs incurred by Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie have been paid and provided that no incident giving rise to a claim or incident that might give rise to a claim has occurred in the current period of insurance, you may be entitled to a partial return of the premium for the un-expired period of insurance unless the policy is on a minimum and deposit basis, if this is the case, no return will be allowed on the policy and this will be noted on your policy schedule. If you cancel during the first year short term rates may apply and/or Insurers may charge a cancellation fee, please refer to policy terms and conditions. In the case of Motor Insurance you must return the Certificate of Insurance and Windscreen Disc to Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie. Insurance companies normally reserve the right to cancel policies at any time by giving appropriate notice to your last known address. Please refer to your policy terms and conditions.
Failure to Pay or other Default
We reserve the right to cancel your policy in certain circumstances, for example, non-payment of premiums; bank returns your cheque due to insufficient funds or any other reason; direct debit default or misrepresentation/non-disclosure of relevant information. When your policy ends or is cancelled, we will provide you with any documentation and information you are entitled to on request. An administration
fee may be charged to cover expenses in the event of a failure to pay or default.
It is essential that we are notified immediately of any claims or circumstances which could give rise to a claim. When you notify us, you must include all material facts concerning the claim. The policy wording will describe in detail the procedures and conditions in connection with making a claim. It should be noted that there is no cover for defence costs incurred without the insurer’s prior consent. The firm may
recommend professional Loss Assessors to handle Property Insurance claims and, if such a Loss Assessor is appointed by the client, the client is responsible for the payment of the Loss Assessor’s fees. The firm may receive a referral fee when the recommended Loss Assessor handles the claim.
This firm has a written procedure in place for the effective consideration and handling of complaints. Any complaints should be addressed in writing to the Managing Director, Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie. Each complaint will be recorded and acknowledged in writing within 5 working days of receipt, updates will be advised in intervals of not more than 20 days and we will endeavour to resolve a complaint within 40 business days and findings will be furnished to you within 5 working days of completion of the investigation. In the event that you are not entirely satisfied with the firms handling of and response to your complaint, you have the right to refer your complaint to the Financial Services and Pensions Ombudsman (FSPO), 3rd Floor Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Lo Call 1890 88 20 90.
Conflicts of Interest
It is our policy to avoid situations where there is a conflict of interest. However, where an unavoidable conflict may arise, we will advise you of this before proceeding to provide any business service. If you have not been advised of any such conflict, you are entitled to assume that none arises. A full copy of our conflicts of interest policy is available on request.
We comply with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. We are committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client. The
data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice, this will be given to all our clients at the time of data collection. We will ensure that this Privacy Notice is easily assessible. Please refer to our website(s) www.fairviewinsurance.ie and www.plusinsure.ie and if this medium is not suitable we will ensure you can easily receive a copy by; hard copy by post. Please contact us at email@example.com if you have any concerns about your personal data.
Call and Voice Recording
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie may record telephone calls, inbound and outbound, for regulatory, quality, training and verification purposes. All data captured by these facilities are managed in accordance with the Data Protection Acts.
Governing Law and Language
The laws of Ireland form the basis for establishing relations between you and Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie. All contracts, terms, conditions and communications relating to any policies or services you may enter into with the firm will be in English.
All quotations are valid for 7 days unless otherwise stated and all quotations and cover are subject to acceptance by the insurer concerned.
Cooling Off Period
A consumer has the right to withdraw from an insurance policy (as defined under SI No 853 of 2004) within 14 days of the start date of the policy (except in the case of travel policies whose operative period is for one month or less) without penalty and without giving any reason. This is known as the cooling off period. The right of withdrawal may be exercised by notice in writing to Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie quoting your policy number provided that no claim or adjustment has been made or is intended to be made or no incident has occurred which is likely to give rise to a claim or for travel policies. Should this right be exercised the insurance company may charge for the period you are on cover. For motor insurance the Certificate of Insurance and Windscreen Disc must be received by Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie before the policy can be cancelled. Please note that the policy set-up charge is non-refundable if you choose to withdraw from the policy within the cooling off period.
Handling Clients’ Money/Receipts
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie will accept payments by cash, cheque, electronic funds transfer, laser and credit card in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act, 1995. We cannot accept cash or negotiable instruments in any other circumstances. For certain Insurance and Investment Products, we may request that all payments are made payable to the provider of the product in question. A Section 30 receipt will be issued for all payments received and should be retained by you in a safe place. Under the Central Bank’s Consumer Protection Code strict rules apply in relation to payment of premiums to product producers. We will not be able to pay premiums to product producers for a client where the premiums have not been received by the firm. Therefore, to avoid policy cancellation, premiums must be paid strictly within credit terms. Clients must pay at inception of a contract or on or before renewal date or as invoiced in the case of mid-term alterations. Insurance companies may cancel cover where a client fails to meet their obligations in relation to payment terms and conditions.
Remuneration and Fees
Fair View Insurance Limited, trading as Fair View Insurance and PlusInsure.ie may be remunerated by a professional fee for the initial work activity and time spent in seeking the best terms, advice, product and product producer for your specific needs. An administration fee is also charged for the activity involved in the renewal of the policy and also for any alterations that take place during and at termination of the policy. We are usually remunerated by commission received from the product producers for the work involved in placing an order and finalising the product with them on your behalf. The range of commission payable varies depending on the class of business being placed. Some product producers do not pay any commission. A Compliance charge may apply and is detailed in the overall amount due. Our fees/charges will be communicated to you in advance of new business, renewal and mid-term alteration stage and will be clearly set out in our documentation issued to you. Services can be provided solely on a fee basis if the client so wishes, so that no commission will be taken from the premium charged by the product producer. All premiums are subject to a 5% Government Levy, where applicable.
Scale of Fees
Our Professional Fees are charged on the under noted Scale of Fees.
|Class of Business||Initial set up Fee / Renewal Fee.||Policy Amendment / Cancellation.||Duplicate documentation / Letter of named driving experience.|
|Personal Lines||Up to a maximum of €150||Up to a maximum of €150||Up to a maximum of €50|
|Commercial Insurance||Up to a maximum of 50% of the premium subject to minimum of €65.||Up to a maximum of 50% of the premium subject to minimum of €65.||Up to €50.|
Our Professional Fees for advice without placement of policy
|Director / Manager||Up to €200 per hour||Other Staff||Up to €75 per hour|
*The New business / renewal set up fee is non-refundable.
A fee of up to €75 may be charged for the provision of duplicate documentation.
Premium Finance Charges: Where premiums are financed by Insurers, Close Premium Finance, Premium Credit Finance or other finance lenders, details of interest rate and all charges will be separately provided in the credit agreement at inception. We may receive a commission from finance companies in respect of credit agreements up to 4% of the annual premium. Should there be a default of a direct debit payment, we will charge a fee for recovery of the defaulted payment of up to €25. In the event that the loan is to be reinstated following a default, a charge of up to €40 will be applied.
Direct Debit Administration Fee: An administration fee of €10 applies for the set-up of scheduled direct debit payments.
Supplementary Charges: Should a particular project or circumstance require us to charge any additional fees, they will be specifically advised in advance. The calculation of such charges will be based on various factors such as, though not limited to the complexity of matters under consideration, any commission payable (including none) by Insurers, time spent, qualification levels and numbers of personnel involved.
Please note that some insurance companies may collect our administration charge on our behalf for direct debit policies.
We reserve the right to amend these fees should the complexity of the product/service require a higher fee or in the event that the product/service provided is not remunerated by a product producer in the usual way. In such circumstances we will confirm and agree the fee with you at the time of providing the service. Details of all the remuneration, fees, commissions and arrangements listed above are available upon request.