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LLD 21.1 Section 150 of the Act (Actions for damages)

LLD 21.1.1 R

1A contravention of the rules in this chapter does not give rise to a right of action by a private person under section 150 of the Act (Actions for damages) and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action.

LLD 21.3 Market risk in insurance

Application of PRU 4.2

LLD 21.3.1 R

PRU 4.2 applies to managing agents and to the Society in accordance with:

  1. (1)

    for managing agents, LLD 16.3.3 R, subject to LLD 21.3.4 R below; and

  2. (2)

    for the Society, LLD 16.3.1 R.

Resilience capital requirement (applicable to long-term business only)

LLD 21.3.2 R

Managing agents must calculate the amount of the resilience capital requirement for the long-term insurance business carried on through the syndicates they manage.

LLD 21.3.3 R

The Society must determine the resilience capital requirement for the insurance business of each member under PRU 4.2.10 R as the member's proportionate share of the resilience capital requirement calculated by the managing agent for the long-term insurance business carried on through the syndicate.

Currency risk: matching of assets and liabilities

LLD 21.3.4 R

For the purposes of PRU 4.2.53 R, a managing agent must ensure that:

  1. (1)

    syndicate liabilities are covered by matching syndicate assets as required by PRU 4.2.53 R; or that

  2. (2)

    it immediately notifies to the Society the nature and extent of any syndicate liabilities not covered by matching assets under (1).

LLD 21.3.5 G

Notwithstanding the terms of PRU 4.2.53 R, a managing agent may comply with PRU 4.2.53 R by notifying unmatched currency liabilities to the Society.

LLD 21.3.6 R

On receipt of a notification by a managing agent under LLD 21.3.4 R (2), the Society must ensure that the liabilities in respect of the insurance business of the members in aggregate are covered with matching assets complying with PRU 4.2.53 R.

LLD 21.3.7 G

The Society should consider the need to cover the unmatched currency liabilities notified under LLD 21.3.4 R (2) with assets in the same currency held as funds at Lloyd's for any relevant member or, if necessary, with central assets meeting the currency matching requirements.