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COND 2.2A Threshold condition 2A: Appointment of claims representatives

COND 2.2A.1UK

Paragraph 2A, Schedule 6 to the Act

Appointment of claims representatives

2A

(1)

If it appears to the Authority that -

(a)

the regulated activity that the person concerned is carrying on, or is seeking to carry on, is the effecting or carrying out of contracts of insurance, and

(b)

contracts of insurance against damage arising out of or in connection with the use of motor vehicles on land (other than carrier's liability) are being, or will be, effected or carried out by the person concerned,

that person must have a claims representative in each EEA State other than the United Kingdom.

(2)

For the purposes of sub-paragraph (1)(b), contracts of reinsurance are to be disregarded.

(3)

A claims representative is a person with responsibility for handling and settling claims arising from accidents of the kind mentioned in Article 1(2) of the fourth motor insurance directive.

(4)

In this paragraph "fourth motor insurance directive" means Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC."21

COND 2.2A.2G

Threshold condition 2A (Appointment of claims representatives), provides that if it appears to the FSA that any person is seeking to carry on, or carrying on, motor vehicle liability insurance business, that person must have a claims representative4 in each EEA State other than the United Kingdom.1

4
COND 2.2A.3G

Rules and guidance concerning a motor vehicle liability insurer's obligations in relation to the appointment of its claims representatives4, and the responsibilities and duties that the motor vehicle liability insurer must give to, or impose on, its claims representatives 4are set out in ICOBS 8.4.4

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