TERMS OF BUSINESS
McGivern Insurance Ltd., 36 Lad Lane, Dublin 2, telephone 01 6321321, specialise in the provision of General Insurance services to consumers.
In compliance with the provisions of the Act, we are required to issue Terms of Business to all our clients, setting out the basis on which we will provide insurance services.
This document sets out the terms under which this firm will provide insurance services to you. Please ensure that you read through this document, if you require further clarification regarding any matter, we will be happy to deal with your queries.
AUTHORISED STATUS
McGivern Insurance Ltd. is regulated by the Central Bank of Ireland as an Insurance Intermediary registered under the European Communities (Insurance Distribution) Regulations, 2018. A copy of our regulatory registration is available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie to verify our credentials. McGivern Insurance Ltd. is regulated by the Central Bank of Ireland under number C9882 and is a member of the Brokers Ireland.
STATUTORY CODES
McGivern Insurance Ltd. is subject to and complies with the Consumer Protection Code, Minimum Competency Code and the Fitness & Probity Standards as laid down by the Central Bank of Ireland and these codes can be found on the Central Bank’s website.
SERVICES PROVIDED
McGivern Insurance Ltd. offers a fair & personal analysis in relation to all classes of General Insurance (motor, property, liability, professional indemnity etc.). We also transmit orders on our client’s behalf to any of the insurance undertakings or product producers from whom the company hold letters of appointment. We are also authorised as authorised advisors and as such we are required to research the whole marketplace when providing advice and services to our clients.
OUR DEALINGS WITH YOU
We prefer clients to give us instructions in writing in order to avoid possible misunderstandings or disputes. We will however accept oral instructions provided they are subsequently confirmed in writing. Any advice we give you will normally be in writing. Once we have acted on your instructions, we will not normally give you any further advice. However, we will review your insurances periodically and may write to you suggesting a review meeting. You, or we, may terminate the authority to act on your behalf at any time without penalty. Notice of termination must be given in writing.
DISCLOSURE
It is your responsibility to provide complete and accurate information for Insurers when arranging an insurance policy and to answer all questions honestly and with reasonable care. Please note it is essential to make full disclosure of all material facts before taking out a policy and at renewal throughout the life of a policy. You must inform us of any material changes in circumstances which may affect the services we provide and the cover provided by the Insurer/Insurance Provider. If you are in doubt of what constitutes a material fact please ask us. Failure to disclose all relevant information, or misrepresenting any fact which may influence the decision to accept the risk or the terms offered could result in your policy being cancelled, claims not being paid, difficulty in getting insurance elsewhere and in the case of property insurance failure to have property insurance in place could lead to a breach of the terms and conditions attaching to any loan secured on the property.
CANCELLATION
You, the customer can cancel your policy by notice in writing at any time. It may be that a rebate of premium is due to you but this is not always the case. For example, the policy may be subject to a minimum and deposit premium or short period rates may apply during the first period of insurance or if a claim is notified or in other circumstances as advised to you. A motor policy can only be cancelled from the date the Certificate of Insurance and Disc for each vehicle are returned. Product Producers (Insurers) normally reserve the right to cancel a policy at any time by sending written notification to your last known address. For full details you should refer to the policy document.
In the event of cancellation of a policy we will, on request, send you any documentation or provide you with any information to which you have an entitlement
REMUNERATION & FEE POLICY
McGivern Insurance Ltd. is 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 (some product producers do not pay a commission). Details are available upon request. McGivern may also charge a service fee, agreed with clients, depending on the complexity of the transaction, time spent, nature and extent of the transaction; this includes transactions that may result in an additional or a return premium. In determining the fee applicable (which can be up to a maximum of 25% of the premium applicable for Personal Lines cases and 50% of the premium applicable for Commercial cases subject to a minimum of €350 or otherwise agreed), The fee to be charged will be disclosed and agreed with our clients prior to providing any service. Where charges differ from those outlined in this document, they will be advised to you in writing before the service is provided. A schedule of fees is also displayed in the reception area of our offices and on our web-site and a copy is also available on request.
In the event of a cancellation or return premium the Central Bank will not allow a deduction from the premium of the negative commission attached to that return. Where McGivern Insurance Ltd. organise finance on your behalf, we may charge a fee for this service which will not exceed 2%.
A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to the intermediary which it has agreed with Insurers or product producers” is available on our website.
PREMIUM HANDLING
McGivern Insurance Ltd. will accept payments in cash, and by debit/credit card in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act. McGivern Insurance Ltd. is not authorised to accept cash or negotiable instruments in any other circumstances. Premiums are due on or before inception or renewal. Under the Central Bank’s legislation very strict rules apply to the payment of premiums to Insurance Companies. We will not be able to pay premiums to Insurers which have not been received from clients. Therefore, to avoid cancellation, premiums must be paid strictly within the credit terms, if agreed, otherwise immediately prior to cover incepting. McGivern Insurance Ltd. has legal obligations to issue receipts for each non-negotiable or negotiable instrument or payment received, and acknowledgement for all direct debit mandates. These are issued with your protection in mind and should be stored safely.
DATA PROTECTION
McGivern Insurance Ltd. complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.
The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf and in order to provide the highest standard of service to you. 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 (on our website) and Data Protection policy. We may need to collect sensitive personal information relating to you or anyone to be named on your policy. We may share with insurance service providers’ information we hold about you and your claims history. Our product producers may subscribe to insurances industry databases for fraud prevention purposes. We may also use your information for the purpose of complying with regulatory or legislative requirements, offering renewals, for research/statistical analysis and crime prevention. There may also be requirements to contact you for the purposes of discussing renewal terms of an existing policy with us or any other query directly relating to an existing policy with us. When you request a quote from us, you may receive a phone call or text message and/or email in relation to that quote.
You have the right to withdraw your consent at any time. If you wish to exercise this right, please notify us in writing.
You have the right at any time to request a copy of any “personal data” within the meaning of the GDPR that our office holds about you and to have any inaccuracies in that information corrected. Please contact us by addressing enquiries to the Compliance Officer, McGivern Insurance Ltd., 36 Lad Lane, Dublin 2. if you have any concerns about your personal data.
CONFLICT OF INTEREST
It is the policy of McGivern Insurance Ltd. to avoid a conflict of interest when providing services to clients. Where an unavoidable conflict arises, we will advise you of this in writing before providing any business services. If you have not been made aware of any such conflict you may assume that none arises.
COMPLAINTS PROCEDURE
McGivern Insurance Ltd. has in place a written procedure for the handling of complaints. This procedure ensures that all complaints are recorded and acknowledged within 5 business days. All complaints are fully investigated, and the complainant updated at intervals of not greater than 20 business days. We will attempt to investigate and resolve a complaint within 40 business days.
Any complaint should be directed in writing to Mr. Mark Duggan, Complaints Officer, McGivern Insurance Ltd., 36 Lad Lane, Dublin 2. In the event that a client remains dissatisfied with the handling of and/or response to a complaint they may refer the matter in writing to The Financial Services & Pensions Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Complaints can also be referred to Brokers Ireland 87 Merrion Square, Dublin 2.
Cooling off Period
A consumer (as defined by SI No 853 of 2004) 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 McGivern 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 insurance certificate and disc must be received by McGivern 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.
CONSUMER PROTECTION
Investor Compensation (ICCL)
McGivern Insurance Ltd. is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998. The legislation provides for the establishment of a compensation scheme and to the payment in certain circumstances, of compensation to clients of firms covered by the Act. However, you should also be aware that a right to compensation would only arise where money or investment instruments held by this company on your behalf cannot be returned either for the time being or for 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 the lesser of 90% of the client’s loss, which is recognised as being eligible for compensation, or €20,000. aggregate), may be discharged by the Fund on its behalf if the member is unable to do so, where the above detailed ICCL (established by law) has failed to adequately compensate any client of the member.
Brokers Ireland Compensation Fund
As a member of the Brokers Ireland, McGivern is also a member of the BI 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 also maintain Professional Indemnity Insurance in accordance with Central Bank of Ireland requirements.
DEFAULT REMEDIES
McGivern Insurance Ltd. actions in the event of default by the client are as follows. Product providers are entitled to withdraw benefit or cover on default of any payments due under any products arranged for your benefit. It is therefore critical to the guaranteed continuance of your insurance that your premium is paid in full. Some insurers may include as a term of the insurance a settlement due date or in some cases a warranty under the terms of which the premium must be paid to them by a certain date. We inform our clients of such requirements and the relevant date in good time to allow the payment terms to be met. Failure to comply with the terms of the warranty may mean that the insurer’s obligation under the policy will be terminated. We will automatically advise you of any payments outstanding on your policy and the consequences of failure to pay premiums. It is imperative that you review and understand the terms of your Insurance Policy Documentation and comply with the requirements stipulated therein, failure to do so will result in cover being cancelled or claims not being paid. McGivern Insurance Ltd. will, if necessary, exercise its legal rights to receive any payments due to it from clients for business services provided by it and, to be reimbursed for any value obtained by the firm on behalf of clients who subsequently default in any payment due to the firm.
GOVERNING LAW AND LANGUAGE
The laws of Ireland form the basis for establishing relations between you and McGivern Insurance Ltd. All contracts, terms, conditions and communications relating to any policies you may enter with this firm will be in English.
CONSUMER INSURANCE CONTRACT ACT 2019
Following the commencement of the Consumer Insurance Contract Act 2019 which was implemented to protect consumers. There is important information that you should be aware of and we are bringing to your attention. There are obligations on you as the consumer and duties that you must fulfil at the various stages of the process of arranging and renewing your Insurance policy.
So please read the following information very carefully and if you have any questions please ask a member of our staff.
New Business & Renewal
A consumer may cancel a contract of insurance, by giving notice in writing to the insurer, within 14 days after the date the consumer was informed that the contract is concluded. The insurer cannot impose any costs on the consumer other than the cost of the premium for the period of cover. (This does not affect notice periods already in place, i.e. 30 days in respect of life policies and 14 days in respect of general policies under respective pieces of legislation).
The consumer is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved.
Post-Contract Stage and Claims
If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished to the insurer, the claim settlement deferment amount cannot exceed
5% of the claim settlement amount where the claim settlement amount is less than €40,000,
or
10% of the claim settlement amount where the claim settlement amount is more than €40,000.
An insurer may refuse a claim made by a consumer under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover.
Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was concluded.
The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time.
The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. (The insurer is under the same duty).
If the consumer makes a false or misleading claim in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract.
Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer advising that they are avoiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.
TOB Version September 2020
