Call for Greater Transparency in Professional Indemnity Insurance

2

AFCA has expressed the need to access information that extends beyond the "corporate veil" involved in scenarios of administration or liquidation. The appeal comes amid background discussions with the Senate Economics References Committee, focusing on the surge in complaints it faced following the downfall of Dixon Advisory.

AFCA emphasized that even though financial services licensees are legally obligated to carry PI insurance, this insurance is not structured to function as a consumer compensation tool. AFCA outlined several limitations of current PI insurance, illustrating why it might not fully serve consumers seeking redress:

• Available funds under the PI insurance might be insufficient to cover awarded compensation.
• Insurance contracts may exclude coverage for specific actions that led to the compensation award.
• The compensation amount might fall below the policy excess, leaving consumers uncompensated.
• Complainants cannot directly file a claim on a firm's PI policy, lacking transparency over claim denials and unable to contest them.
• Services may be claimed on years later, at which point the firm's insurance could have expired, especially when 'run-off' cover is inaccessible or costly.

The authority stated, "AFCA does not have jurisdiction concerning professional indemnity insurers," adding that once it makes a decision, the implicated financial firm has 30 days to comply with the determination, after which AFCA has limited oversight regarding the firm's actions.

"In general, it is assumed compensation payments come directly from firms' operational accounts, unless a firm manages to hedge against the risk through their insurance which varies widely," AFCA observed.

Furthermore, if a firm fails to heed an AFCA determination, consumers are advised to report this to the Australian Securities and Investments Commission (ASIC), as noted by AFCA.

Notably, AFCA considers that "PII is crucial for ensuring compensation against misconduct is served" and stresses that a solid Professional Indemnity Insurance framework is vital for upholding the Compensation Scheme of Last Resort (CSLR).

In the current regulatory landscape, AFCA is frequently uninformed about whether an advice licensee maintains a relevant PII policy with applicable clauses that would affect AFCA's evaluation of complaints, such as exclusions for certain advice forms or whether the coverage limit has already been reached.

The original insights were facilitated by article discussions from the Senate Economics References Committee and sourced from an industry report featured on Financial Planning's AFCA section.

Published:Monday, 2nd Dec 2024
Source: Paige Estritori

Share this news item:

Insurance News

Life Insurance Takes Backseat in Cost-Cutting Measures 03 Dec 2024: Paige Estritori As Australians tighten their belts in the face of rising living costs, life insurance is rapidly being placed on the chopping block. The Council of Australian Life Insurers (CALI) reports that individuals are more likely to reduce life cover rather than home or car insurance. - read more

Call for Greater Transparency in Professional Indemnity Insurance 02 Dec 2024: Paige Estritori The Australian Financial Complaints Authority (AFCA) is advocating for enhanced transparency concerning the Professional Indemnity (PI) insurance maintained by member companies, highlighting its current lack of oversight regarding PI insurers. - read more

Senate Pushes for Transparency in Insurance Premiums 28 Nov 2024: Paige Estritori The Senate has called on the Australian Competition and Consumer Commission (ACCC) to adopt a more active role in monitoring insurance premiums. This comes as part of a broader recommendation advocating for insurers to enhance pricing transparency to assist consumers better understand their policies. - read more

Simplifying Insurance Advice: Industry and Consumers Aligned 27 Nov 2024: Paige Estritori The Insurance Council of Australia (ICA) is urging a revision of existing advice regulations to significantly improve customer interaction quality. This push comes ahead of an anticipated wave of reforms by the federal government expected to ease the delivery of simple advice within the insurance sector. - read more

Customer Wins in Insurance Dispute Over Laser Equipment 27 Nov 2024: Paige Estritori In a recent ruling, a salon owner successfully contested a claim with her insurance provider concerning a dispute over a laser machine. This case highlights significant issues around insurance policy interpretation and customer rights. - read more