Entire Act

11.2. Disclosure requirements

11.2.1. General disclosure obligation

Prior to providing Insurance Intermediation to a Client, an Insurance Intermediary must disclose to that Client:

  • (a) its name and address;
  • (b) its regulatory status;
  • (c) the name and address of the insurer or insurers effecting the Contract of Insurance;
  • (d) if it has a direct or indirect holding representing 10% or more of the voting rights or capital in an insurer; or
  • (e) if an insurer, or its parent undertaking, has a direct or indirect holding representing 10% or more of the voting rights or capital in the Insurance Intermediary;
  • (f) contact details for notifying a claim under the Contract of Insurance; and
  • (g) details of its complaints-handling procedure.

11.2.2. Disclosure of basis of advice

An Insurance Intermediary must, before providing Insurance Intermediation to a Retail Client, disclose whether:

  • (a) it gives advice on the basis of a fair analysis of the market;
  • (b) it has a contractual agreement with a particular insurer or insurers to offer only their

Contracts of Insurance to Clients; or

  • (c) even if there are no contractual agreements of the type referred to in (b), it does not give advice on the basis of a fair analysis of the market.

If (b) or (c) applies, the Insurance Intermediary must be prepared to provide a Retail Client on request with a list of insurers with whom it deals and may deal in relation to the relevant Contracts of Insurance.