QUESTION
I contacted an underwriting agency to query whether a certain activity would be excluded under their motor policy wording.
The reply I have been getting is:
"Please note we are not able to provide interpretation or advice on the wording."
The policy is specific to that agency, they also settle their own claims and they sell to the direct market as well as to the broker market. They advertise on their website that they abide by the Fair Insurance Code (through the company that underwrites their insurance) - the Code states, amongst other things:
"You’re entitled to ask for and receive clarification on the terms, conditions and exclusions of your insurance policy."
To refuse to clarify their wording is surely breaching the Code they are advertising as adhering to. Before I step this up am I on the right track here?
Crossley Gates, Keegan Alexander replies
Technically, the Fair Insurance Code (FIC) only applies to underwriters, not their agents, underwriting agencies. Having said that, presumably the underwriting agency has actual or apparent authority to answer your question so their answer probably does bind the undewriter.
The clause of the FIC you quote refers to clarification on the terms, conditions and exclusions of your insurance policy. I believe that requires the undewriter to clarify what the terms, conditions and exclusions of the policy are in the first place. I don't believe it extends to advising about the cover available for a given stated scenario. The clause would need to be drafted differently to achieve that obligation.
