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Date Title Printable version
14 Dec 04 FSA must protect all consumers under new general insurance regulation

The Consumer Panel is today calling on the FSA Board to ensure that all consumers are protected under the new regulation of general insurance coming into force on 15th January 2005. The indications are that there will be many firms who might only have interim authorisation* at the start date. But to the consumer, interim-authorised firms would look as if they are authorised – which normally carries certain guarantees of compensation – so there would be real and significant risks for consumers dealing with these firms, if that compensation were not there. The FSA Board did not allow those dealing with interim-authorised mortgage companies to have access to the compensation of the FSCS (Financial Services Compensation Scheme). If this situation were to arise again with General Insurance, the same mistakes must not be repeated. This is particularly as there are likely to be many more general insurance firms falling into this interim category, and there is more potential for consumer loss if things do go wrong.

The Consumer Panel recommended this approach for the interim-authorised mortgage firms, but the FSA Board did not agree to it. Not only that, but the FSA failed to prescribe how the interim firms should warn consumers that there would be no access to the compensation scheme, and has not checked what warnings are being given.

Ann Foster, Chairman of the Panel said:


"The FSA is on the brink of a new era in extending its risk based regulation to general insurance. We believe that the FSA would be failing in its objective to protect consumers if some general insurance firms are granted interim authorisation, but the FSA does not give full access to the compensation scheme for consumers dealing with them. There are likely to be more firms and more people involved in general insurance than with mortgage interim firms. The FSA Board must act in the interests of all consumers. "


1.  Some insurance firms will not pass the hurdles required to be fully authorised under the new FSA general insurance rules by the regulation date of 15th January 2005. To enable these firms to continue doing insurance business, the Government (HMT) could allow firms to be given "interim authorisation" to continue doing business while their status is confirmed. This is what happened with mortgage regulation. Although no announcement has been made about interim arrangements, nor Order laid, the Panel is concerned that this could happen again again. Then the FSA would have to decide on consumer protection with these firms.
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