Hiscox boss is wrong about breaking up the ABI

22 Sep 2010

Hiscox boss Bronek Masojada has this morning called for the Association of British Insurers to be broken up so that the general insurance sector can independently argue its case with government and the public. He is wrong on several counts.

I have been around long enough to remember the days before the ABI was formed in the late-1980s by the merger of a wide range of trade associations, principally the Life Offices Association and the British Insurance Association, the latter which represented the general insurance market. The reasons were simple. The insurance industry's voice was not being heard by government, other relevant industries or the public, most of whom do not understand the differences between long term insurance and general insurance. Forming the ABI gave the industry a fighting chance of getting its message across and it has largely been a successful exercise on that count despite never achieving a real single voice as Lloyd's and the London Market have always stood outside. This still deprives the insurance industry of the clout that, say, the bankers and travel industry have through their more unified trade associations.

Unusually for Mr Masojada the main thrust of his argument is flawed too. He complains that the recent scandals over the miss-selling of payment protection insurance are a banking problem, not an insurance problem. True, the banks were hugely negligent in the way they sold PPI but you cannot escape from the simple fact that it is a general insurance product, underwritten by general insurers and marketed to the banks by general insurers. Much the same applies to the other class of business that gives rise to a significant proportion of consumer complaints - travel insurance. The complaints are often about the way it has been sold by travel agents but there is no escaping the culpability of the general insurers who underwrite those policies, dictate the premiums, the policy restrictions and agree the absurdly high commissions that create the incentives for miss-selling.

Forming a separate trade association will do nothing to deflect the criticism of this miss-selling away from the insurance industry and nor should it.

I could go on about the many areas where the cross-class work of the ABI bears dividends, such as building up relationships with key ministers and civil servants, representing the UK industry in key international debates about regulation, fighting fraud and so but I am sure others will make those points better and with plenty of evidence at their fingertips.

I can guarantee other trade associations representing sectors competing with, even sometimes in conflict with, the insurance industry will be quietly rubbing their hands in glee this afternoon at the thought of the ABI being broken up.

Equality Bill moves towards compromise on travel and motor insurance

03 Feb 2010

The insurance industry looks to have done an very good job in its lobbying over the Equality Bill and, in particular, heading off the threat that some classes of insurance, such as travel and motor, might find themselves in a straightjacket when it comes to age-related underwriting.
The government has agreed to include an exemption for financial services from the strict rules prohibiting age-related discrimination when it publishes the legislative orders that will implement the Bill's provisions (assuming that is that it is passed by Parliament before the General Election is called). This doesn't let the insurance industry off the hook entirely, however, as a degree of compromise has been necessary in order to secure the promised exemption.
The two key features of the new responsibilities that will be thrown on the industry are to produce collective data data that shows age-related underwriting to be justified and to provide a 'signposting' service to help older people find an insurer that will offer them motor or travel insurance if they are having difficulty finding cover. The response from the Association of British Insurers suggests that the insurance industry will have no difficulty in meeting the requirement for a signposting scheme, although it has been silent so far on the collection and publication of data and has previously voiced concerns about this. The argument against it has been that it could compromise the competitive position of insurers that have specialised in insurance for older people. I think the danger of this is fairly limited but if it does lead to more insurers feeling confident about offering competitive rates for older people then consumers will benefit and it is hard to argue against that. Brokers have actually welcomed the signposting proposals enthusiastically and see a key role for themselves in developing these.
The industry has been down this road before with commercial insurance for small businesses in inner city areas in the late 1980s and early 1990s. In the wake of a series of riots in inner city areas the insurance industry was accused of red-lining some districts. In those days the industry was rather less responsive to such concerns and initially point blank refused to accept that there was a problem. This, predictably, just increased the pressure on the industry until some wiser voices at the ABI were eventually listened to and a referral scheme was set up. This worked and the furore eventually died down. 
There have been no screaming headlines this time as the industry has quietly engaged with government before the issue got out of hand. Both sides deserve credit for that.
The Bill itself is making slow progress through the House of Lords at the moment where it is in its committee stage with the next session not planned until Tuesday 9 February. Even if that turns out to be the last committee session it will still have to go back to the whole House of Lords for a third reading debate before then going to the Commons for the entire procedure to be repeated. You can see why some groups - especially the churches - are taking the opportunity to cut up rough over parts of the Bill they do not like as the government cannot afford any delays in the passage of this flagship Bill if it is to get onto the statute book before the General Election is called. Latest rumours are that there will be no formal Easter recess in order to make sure this and other key Bills get through.

BA travel insurance row shows why consumer insurance law reform is needed

16 Dec 2009

The day after the Law Commission published its Consumer Insurance Bill we are faced by a very good example of why it is needed as a row has broken out over how far travel insurers are obliged to cover people caught up in the British Airways strike.
The front page story in today's Metro goes right to the heart of what is reasonable in terms of disclosure and underwriting. It quotes the Association of British Insurers as saying that people who took out travel insurance after 2 November should have reasonably foreseen the scheduled 12 day strike by BA cabin crew. That is six weeks ago, note. Is that reasonable? I would argue that it is not and that to decline claims on those grounds would probably be seen as unfair on consumers under the new law.
As I read the Consumer Insurance Bill, underwriters would be expected to ask the prospective policyholders if they were aware of the possibility of a strike when they took out the policy. I do not think most people booking Christmas flights in the first week of November knew that there would be a strike between 22 December and 2 January. Frankly, if they did they wouldn't have booked with British Airways. If underwriters can show that insurers were clever enough to kn0w this was a likely outcome then why did they take people's premiums knowing that they were not going to pay out for this? It is this imbalance of knowledge (and thus power) that the Law Commission does not like and is trying to address in its proposals.
It might also be interesting to ponder the implications for any intermediaries who arranged travel cover for their clients that will not now payout. With the new clarity proposed on the law of agency in the Consumer Insurance Bill they might, in future, find that their clients would have a bone fide claim against them in such circumstances for not acting fully in their interests.
I would like to think the ABI might sit down with its members who underwrite travel insurance and consider whether it would be better to behave now as if the new law was in force.

About the Author

david-worsfoldDavid has been a financial journalist for 30 years and is currently Group Editorial Services Director at Incisive Media.

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