Terms of Business (Professional Indemnity & Associated Risks)
Accepting our Terms of Business
By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to:
- The section headed ‘Use of personal data’, and specifically the paragraph explaining how ‘sensitive personal data’ will be used.
If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.
The Financial Services Authority
Scott Taylor Associates LLP is authorised and regulated by the Financial Services Authority (FSA). Our FSA Register number is 307364.
Our permitted business is advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts.
You may check this on the FSA’s register by visiting the FSA website, www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.
Our service
We source and arrange products but do not offer advice or make recommendations, when arranging commercial insurances. However, we may ask some questions to narrow down the selection of products on which we will provide details. You will then need to make your own choice about how to proceed.
We select certain commercial insurances from a range of insurers, but for certain products, we may only select from a limited number of insurers. We will give you further information about this before we finalise your insurance arrangements.
We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer.
Demands and Needs
This product is designed to meet the demands and needs of a professional adviser/consultant seeking to protect against their liabilities for professional negligence.
Complaints and compensation
We aim to provide you with a high level of customer service at all times, but if you are not satisfied, please contact us:
In writing - Write to Scott Taylor Associates LLP, PO Box 182,
Mulberry House, NEWMARKET CB8 1AU
By phone - Telephone 01638-577887
By email - martin@stainsurance.co.uk
If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (except in the case of a business with a group annual turnover of £1m or more, a charity with an annual income of £1m or more or trustees of a trust with a net asset value of £1m or more).
We are covered by the Financial Services Compensation Scheme (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. Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim without any upper limit. For compulsory classes of insurance (such as Third Party Motor or Employers Liability), insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS on 020 7892 7300 or www.fscs.org.uk. Payment for our services
We normally receive commission from insurers or product providers; we also may charge
you a fee for arranging your insurances.
You will receive a quotation, which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded.
Full payment of premium and fees is due before cover commences, or within 7 days of commencement if this is not possible, unless separate finance has been arranged.
We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’.
Handling money
Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However, if Risk Transfer does not apply, such monies will be held by us in a Statutory Trust account set up in accordance with FSA rules. Interest earned on monies held in such a Statutory Trust account will be retained by us.
Cancellation of insurances
You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us or to the insurer concerned.
The terms of your policy may allow insurers to retain the premium in full or to
charge short-period premiums in the event of cancellation before the policy expires.
Ending your relationship with us
Subject to your immediate settlement of any outstanding premiums and fees, you may
instruct us to stop acting for you and we will not impose a penalty.
Your instructions must be given in writing and will take effect from the date of receipt.
In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 21 days notice.
Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided.
Your responsibilities
You are responsible for providing the complete and accurate information which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy and at renewal, but it also applies throughout the life of a policy. If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign.
It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy.
You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.
If you are unsure about any matter, please contact us for guidance.
Use of personal data
We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support.
We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We may contact you in order to promote products or services, which may be of interest to you. We will not otherwise use or disclose the personal information we hold without your consent.
Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information you signify your consent to its being processed by us in arranging and administering your insurances.
Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data for which you will be charged a fee of £10. If at any time you wish us, or any company associated with us, to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to Scott Taylor Associates LLP, PO Box 182, Mulberry House, NEWMARKET CB8 1AU
Conflict of interests
Occasions can arise where we or one of our clients or product providers may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
Claims handling arrangements
You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.
General Advice & Claims Procedure
As a professional we/your Insurers do not presume to tell you how to run your business. However many claims arise through misunderstandings which it may be difficult to disprove without evidence. Please ensure wherever possible that all contracts and instructions are confirmed in writing. Written records of meetings and telephone conversations should also all be retained on file.
Claims Procedure
In the event of any criticism by your client, or if you become aware of circumstances which could give rise to a claim against you, it is essential that you notify us immediately, even if you believe that your actions have been beyond reproach and that a claim could never succeed.
Warning signs include:
- verbal complaints from a dissatisfied customer, or threats to take the matter further
- letters of complaint alleging neglect error or omission
- a client refusing to settle or delaying settlement of fees
- client wanting to change professional adviser
Once we/your Insurers have been notified of a possible claim we/your Insurers will assist you in providing guidance on how best to conduct future dealings with the client. Depending on the nature of the situation your Insurers may appoint professional advisers to assist you. In the event of a claim or notification please do not advise the third party that you hold Professional Indemnity insurance as this may prejudice the position.
Do not discuss or admit liability. Any correspondence should be passed to us as soon as possible, unanswered beyond a simple acknowledgement of receipt.
If you are involved in the Construction Industry please note there may be special conditions in the policy relating to prompt notification of circumstances relating to Adjudication under the Housing Grants and Construction Act.