legislation
EU Female drivers
Submitted by byrnie on Mon, 2011-04-25 18:37Short description:
We support the views of the South African Insurance Association (SAIA) that states that South Africa is unlikely to see any impact from a recent EU that outlaws preferential insurance to female drivers, as the country’s current legal framework has been drafted to allow for any differentiation that is ultimately beneficial for consumers.
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The South African insurance landscape seem to set its pace at the level of developments in European and North American industries. In this regard, MUA has noticed with interest the decision by the EU that effecively bans the practice of offering reduced insurance premiums to female drives.
In this regard, we support the views of the South African Insurance Association (SAIA) that states that South Africa is unlikely to see any impact from the decision as the country’s current legal framework has been drafted to allow for any differentiation that is ultimately beneficial for consumers.
While some of our competitors base their entire business models, and indeed branding in some cases, on discounting for female drivers, MUA’s rating is based on careful, individual assessments of the risk profiles. It is not based on a generalisation on the behaviour of a group our clients might belong to. Rather, it is based on actuarial science and determined on the basis of accurate information collated over a period of time.
We believe this practice will stand us in good stead in the long run, and will proof to be in line with our country’s constitution that rules out discrimination (economic or otherwise) against any grouping (including gender).
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Amendments to SA Insurance Act
Submitted by byrnie on Mon, 2011-04-25 18:35Image/Video:
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There has been some amendments to the FAIS Code of General Conduct.
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There has been some amendments to the FAIS Code of General Conduct and, when read in conjunction with binder regulations, they provide scope for fair remuneration for underwriting managers, which may include profit shares. The FAIS regulations place severe restrictions on incentives and extend the obligations to avoid or mitigate as prescribed by the Conflicts of Interest regulations that is in force and effect. The challenge is to continue to do business successfully without contravening these remuneration and disclosure provisions.
The Short Term Insurance Act presented a number of interpretation difficulty, especially when it came to an underwriting managing agent (UMA). There is a clear difference between a UMA and an independent intermediary. The Insurance Laws Amendment Act, 27 of 2008 then levelled the playing field by introducing the concept of binder agreements. The FSB, in conjunction with short term industry stakeholders, drafted the regulations governing these binder relationships.
Binder agreements are an established feature of the short term insurance industry. A binder agreement is an outsourcing agreement between an insurer and a third party (broker, administrator or underwriting manager agent). The insurer mandates the binder holder to perform certain functions for and on behalf of the insurer in connection with administration of insurance policies and claims as prescribed in the regulations. A UMA may be paid a fee for services rendered and may share in profits of the insurer attributable to the type or kind of policies referred to in the binder agreement.
These regulations place restrictions on the underwriting agent. Policy issuing and premium collection will not be seen as a binder function and therefore no fee can be paid by an insurer for rendering these functions only. UMA’s will not be allowed to charge any additional fees – including what is usually referred to as a debit order fee – over and above the risk premium. If claims may be settled or value of policy benefits may be determined, a fee may not constitute or be based on a percentage of the difference between amount claimed or the maximum value of policy. All fees must be disclosed to the policyholder.
The industry was requested to submit comments to the FSB (Financial Services Board) on the draft binder regulations during October 2010. The FSB is in the process of revising and redrafting the Binder Regulations and it is expected that this process will be completed by March 2011. Thereafter the final draft will have to be approved by National Treasury and the Gazetting process will follow. It will be followed by guidelines in relation to the way in which third party administrators can carry on business. All agreements concluded before or on the date on which the Binder Regulations will commence, must be aligned with the regulations within one year of it coming into operation.
The intention of the Binder Regulations is to result in responsible outsourcing, policy holder protection and managing conflict of interest
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Call for mandatory car cover welcomed
Submitted by Michaela on Thu, 2011-05-26 13:50Image/Video:
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Read the latest article on Fin24 in which Christelle Fourie is interviewed about compulsory third party insurance.
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Johannesburg - The Short-Term Insurance Ombudsman's "urgent" call for the introduction of compulsory third-party motor insurance in SA should be welcomed by all parties involved, as motorists who insure their vehicles are in effect overpaying on their premium by having to subsidise those who do not.
This is according to Christelle Fourie, MD of MUA Insurance Acceptances, who says she supports the move, as an increase in the number of vehicles insured on the roads should also translate into a reduction in the cost of motor insurance for motorists.
"If the insurance industry has a bigger pool of premium contributions, ultimately what this means is that lower premiums and excesses will be passed on to consumers, as the losses of the few will be compensated by the contributions of the many."
Fourie says the idea of establishing a compulsory insurance body is particularly crucial in a country such as SA, where few motorists insure their vehicles.
"Compulsory insurance is also critical for the motor industry as it will ensure an element of stability, allowing more repairs to be carried out, with the result that more of the vehicles on the road will be in an acceptable and roadworthy condition."
Research from the South African Insurance Association, which is in consultation with the government on the issue of compulsory third-party insurance, has shown that the number of uninsured vehicles on the roads is about 70%.
Fourie says that while a compulsory third-party insurance scheme is still under consideration, people should be aware that there are likely to be limits imposed on costs that can be recouped.
"It is highly likely that the maximum amount paid out for repairs may be capped, still leaving those innocent parties with additional repair costs for their own account. However any guilty party will still carry all their own costs."
She adds that while SA may have to establish its own unique model to ensure any scheme is workable, the country should also look internationally for similar examples. In the UK, new powers introduced earlier this year mean that it is an offence to keep an uninsured vehicle, rather than to drive when uninsured. Records at the Motor Insurance Database will be compared with those held on the DVLA vehicle database in order to indentify owners of uninsured vehicles and fine them.
"One of the biggest problems in establishing a workable compulsory insurance scheme will be how to fund it adequately. This requires a lot of thought and research, especially by actuaries involved in calculating average costs of claims and thus a reasonable annual premium to fund these."
She says a decision on how to collect payments for compulsory insurance will also need to be addressed, as the insurance is likely to be attached to the vehicle itself rather than the owner.
Fourie notes that one of the suggestions being debated is that the insurance levy may be collected when the licence disc is renewed.
"This makes sense in terms of ease of legislating and collecting the payment. However, this could prove problematic if the annual premium is quite high."
Source: Fin24
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What do you think of the call for compulsory 3rd party insurance for SA motorists?
Submitted by Michaela on Thu, 2011-05-26 09:43
What do you think of the call for compulsory 3rd party insurance for SA motorists? Will our government get it right? How should it be done and do we even need this insurance? Discuss.
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Third party insurance legislation [video]
Submitted by Guest on Tue, 2010-11-30 00:00Image/Video:
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Christelle Fourie, MUA MD is interviewed by SABC 3 on 3rd party legislation.
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Christelle Fourie, MUA MD is interviewed by SABC 3 on 3rd party legislation. Compulsory 3rd party vehicle insurance is on the cards for all South African motorists which may reduce premiums for those who are already paying insurance premiums. Christelle explains that there is still a long road before the compulsory 3rd party insurance act comes into play. Currently there is an actuarial team working out all the figures to determine premiums. On the question if existing premiums will reduce, unfortunately no one can say with clarity yet. Having only 3rd party insurance is not very expensive compared to comprehensive insurance. The question is whether or not it is enough to have only 3rd party insurance, this depends on the consumers needs. 3rd party only covers the motorist that you collide with, therefore it is advisable to have comprehensive insurance cover.
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