MPORTANT NOTICE TO CLIENTS OF FERGUSON GREEN INSURANCE SERVICES EXPLAINING OUR TERMS OF BUSINESS AND INDEPENDENT INTERMEDIARY STATUS FOR GENERAL INSURANCES.
1. Definitions
a) “We/us/our” means Ferguson Green Insurance Services, 25 Upper Aughton Road, Birkdale, Southport, PR8 5NA
b) “FSA” means The Financial Services Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS
2. Explaining our service
We act as Independent Intermediaries on your behalf. Our service includes:-
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Advising you of your insurance needs.
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Arranging your insurance cover with insurers to meet your requirements.
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Helping you with any ongoing changes you have to make.
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As part of our service we also offer to assist you with any claim you need to make.
We place insurance with a number of insurers and we will advise you should we have any special arrangements with them or should you have to deal directly with the insurers for ongoing policy administration. We will advise and make a recommendation for you after we have assessed your needs. This will include the type of cover you seek together with the costs.
We are authorised and regulated by the Financial Services Authority. Our registration no. is 308403. You can check this on the FSA’s register by visiting the FSA’s website www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.
3. Professional Indemnity
We conform to the FSA code in respect of Professional Indemnity Insurance. This type of insurance is mandatory under the FSA published rules.
4. Confidentiality
Unless required by law, public interest, or you give your consent, all information you supply will be kept confidential to us and parties involved in the normal course of arranging and administrating your insurance. We may use information we hold about you to provide information to you about other products and services, which we feel may be appropriate to you.
IMPORTANT – Insurers pass information to the Claims and Underwriting Exchange run by Insurance Database Services ltd and the Motor Insurance Anti-Fraud and Theft Register run by the Association of British Insurers. The aim is to check information provided and also prevent fraudulent claims. Motor insurance details are added to the Motor Insurance database run by the Motor Insurers’ Information Centre that has been formed to help identify uninsured drivers and may be searched by the Police to help confirm who is insured to drive. In the event of an accident the database may be used by Insurers and the Motor Insurers Bureau to identify relevant policy information.
5. Disclosure of Information
It is your responsibility to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of your policy, and when you renew your insurance. It is important that you ensure that all statements you make on proposal forms, claim forms and other documents are full and accurate. Please note that if you fail to disclose any material information to your insurers, this could invalidate your insurance cover, and could mean that part of, or all of a claim may not be paid. If we are requested to amend or enter additional information on any form we will send you a copy of this form indicating what we have done. It is your responsibility to advise us if any of this information is incorrect. You are advised to keep copies of documentation sent to or received from us for your own protection. Please contact us if you are in doubt on any aspect
6. Awareness of Policy Terms
When a policy is issued you are strongly advised to read it carefully, as it is that document, the schedule and any certificate of insurance that is the basis of the cover you have purchased. If you are in any doubt over the terms and conditions, please seek our advice promptly.
7. Renewal of policy cover
In all cases we will assume that you wish to receive a renewal notice from us in advance of the expiry of your Insurance (other than one-off contacts). If you do not wish to receive a renewal offer, please contact us. If an insurer does not offer renewal terms for whatever reason, we will try to give you reasonable notice and endeavour to obtain quotations with other underwriters.
8. Charges
You will receive a quotation which will normally include an element of commission that the insurer pays to us. Occasionally fees may be charged in addition to or instead of commission. These will be detailed separately in the quotation or invoice if applicable. FGIS will also occasionally earn commission on arranging credit agreements. The exact amount of total commission being paid is available upon request. Pending payment to underwriters, FGIS will deposit premiums paid into a client premium account, which is separate from our trading account. Interest payable from our Bank into this account will be retained by FGIS. Policy fees and commission are non-refundable.
9. Quotations
Unless otherwise agreed, any quotation given will remain valid for a period of thirty (30) days from the date of issue of the quotation.
10. Claims
If you have occasion to claim on your policy you must notify us immediately and we will promptly advise you and if appropriate, issue you with a claim form and pass all details to your Insurer. You should not admit liability or agree to any course of action, other than emergency measures carried out to minimise the loss, until you have agreement from your Insurer.
11. Complaints
It is always our intention to provide a first class service. However, should you have any cause for complaint you should, in the first instance, contact the principal (Andrew Green) orally or in writing. Your complaint will be acknowledged within 5 business days advising you who is dealing with the complaint and indicating when you may expect an answer. We will provide a formal written response within 20 business days from receipt of the original complaint. If the complaint cannot be resolved within this time scale, we will write with an explanation as to the progress and the likely time scale involved. If we cannot settle the complaint satisfactorily, you may be entitled to refer your complaint to the Financial Ombudsman Service. Details of how will be provided to you in these circumstances.
Your Insurer also operates a complaint procedure, details of which are in your Policy.
12. Financial Services Compensation Scheme (FSCS)
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Full details and further information on the scheme are available from the FSCS.
13. Documents
We reserve the right to retain certificates at this office until all payments due under the policy have been made and any cheques cleared through our bank account.
14. Cooling off period
The FSA customer code requires that certain insurance policies should provide for a cooling off period of 14 days if we have not supplied you with all the information you need to make a decision to buy/not buy the insurance offered.
15. Premium Finance
Where payment of your premium is to be made over a period of months, the underwriters or third party credit companies may obtain credit references. You have the option to cancel your credit agreements at any time and the full balance of premium will become immediately payable. In the event of non-payment of an instalment, you will receive written confirmation of the outstanding balance, together with the date before which the outstanding premium must be paid. Failure to pay the balance of premium prior to the deadline will result in the immediate termination of the policy. Any return premium following the cancellation of the policy will be used to offset the unpaid balance. Under some circumstances, the refund will not meet the amount of the debit balance and you will be required to pay the difference.
16 Security
We do not guarantee the solvency of any insurer we place business with. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.
17 Client Money
Client money is held in a non-statutory trust in accordance with the FSA client assets sourcebook (CASS). Copies of these rules are available on request. Any interest we earn on client money & any investment returns will be retained by us for our own use.
18 Cancellation Clause
Your insurance contract may include a cancellation clause. If you are a retail customer, this is mandatory. Full cancellation details will be explained to you during the negotiation process. In the event that you fail to pay your premium by the due date the insurance may be cancelled forthwith or by the insurers, giving notice of the cancellation. In the event of cancellation, insurers may return a pro rata premium to us, but you are advised to check your insurance policy for full details of your insurers’ cancellation clause. Once our remuneration has been earned, in the even that the insurance is cancelled after inception, our fees or brokerage will not usually be returnable.
19 Money Laundering/Proceeds of Crime Act
Money Laundering regulations require us to obtain evidence of clients identity at the start of a business relationship. We may ask for sight of your passport, utility bill or bank statements. For companies, evidence usually consists of a copy of the Certificate of Incorporation or we may check the Companies House register.
20 Termination
Our services may be terminated without cause or penalty by giving one month’s notice in writing. In the event that our services are terminated by you other than at the expiry of the policy we will be entitled to retain any fees and all of the brokerage payable. The responsibility for handling claims reported after the date of termination shall in the absence of an express agreement be the responsibility of the party taking over the role.
21 Governing Law
Our Terms of Business will be governed by and construed in accordance with English Law.
NOTE. Your acceptance of these Terms of Business does not affect your normal legal rights.