ICOBS 6.2 Pre-contract information: general insurance contracts

Application: what?

ICOBS 6.2.1R

This section applies in relation to a general insurance contract.

Solvency II Directive disclosure requirements1

ICOBS 6.2.2R

Before a general insurance contract is concluded, a firm must inform a customer who is a natural person of:

  1. (1)

    the law applicable to the contract where the parties do not have a free choice, or the fact that the parties are free to choose the law applicable and, in the latter case, the law the firm proposes to choose; and

  2. (2)

    the arrangements for handling policyholders’ complaints concerning contracts including, where appropriate, the existence of a complaints body (usually the Financial Ombudsman Service), without prejudice to the policyholders’ right to take legal proceedings.

[Note: article 183(1) to (2) of the Solvency II Directive1]

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ICOBS 6.2.3R
  1. (1)

    An EEA firm must inform a1 customer, before any commitment is entered into, of the EEA State in which the head office or, where appropriate, the branch1 with which the contract is to be concluded, is situated.

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  2. (2)

    Any documents issued to the customer must convey the information required by this rule.

[Note: article 184(1) of the Solvency II Directive1]

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ICOBS 6.2.4R

An EEA firm must ensure that the1 contract or any other document granting cover, together with the insurance proposal where it is binding upon the customer, states1 the address of the head office, or, where appropriate, of the branch of the firm1 which grants the cover.

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[Note: article 184(2) of the Solvency II Directive1]

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Disclosure of cancellation right

ICOBS 6.2.5R
  1. (1)

    A firm must provide a consumer with information on the right to cancel a policy.

  2. (2)

    The information to be provided on the right to cancel is:

    1. (a)

      its existence;

    2. (b)

      its duration;

    3. (c)

      the conditions for exercising it;

    4. (d)

      information on the amount which the consumer may be required to pay if he exercises it;

    5. (e)

      the consequences of not exercising it; and

    6. (f)

      the practical instructions for exercising it.

  3. (3)

    The information must be provided in good time before conclusion of the contract and in writing or another durable medium.