Fair Reasonable and Informed Making sound decisions 18
Fair, Reasonable and Informed – Making sound decisions 18 August 2020
Presented by Roger Flaxman ACII; MAE Principal Consultant & Chairman Chartered Insurance Practitioner Academy of Experts Accr. - Expert Witness CEDR Solve Panel Accr. Mediator CEDR Accr Negotiator - Dispute Resolution Fair, Reasonable and Informed – Making sound decisions Michael J Wilson ACII Regional Director Chartered Insurance Practitioner 18 August 2020
Learning Objectives § The decision-making process within the insurance profession § The role and importance of professional qualifications in enabling good insurance decisions to be made § The making of sound insurance decisions that can be at odds with a strict, legal interpretation of the law § The role of panel solicitors in indemnity decisions Fair, Reasonable and Informed – Making sound decisions 18 August 2020
Making difficult indemnity decisions: a. Presumption of Fraud – exaggeration and dishonesty b. Breach of warranty or condition c. Misrepresentation and Fair Presentation – Absence of guidance at application stage. Underwriting after the event Fair, Reasonable and Informed – Making sound decisions 18 August 2020
Anomalies in misrepresentation cases a. Flood and proximity to a river b. Home security requirements Fair, Reasonable and Informed – Making sound decisions 18 August 2020
Financial Ombudsman Service and the fair and reasonable remit a. The role of insurers’ panel solicitors b. Past decisions where misrepresentation has no connection with the loss Fair, Reasonable and Informed – Making sound decisions 18 August 2020
The legal process in the FCA test case for Covid-19 claims § Next Round § Ripples Fair, Reasonable and Informed – Making sound decisions 18 August 2020
Questions Fair, Reasonable and Informed – Making sound decisions 18 August 2020
- Slides: 8