MIPRU 3.2 Professional indemnity insurance requirements
A firm must take out and maintain professional indemnity insurance that is at least equal to the requirements of this section from:
- (1)
an insurance undertaking authorised to transact professional indemnity insurance in the EEA; or
- (2)
a person of equivalent status in:
- (i)
a Zone A country; or
- (ii)
the Channel Islands, Gibraltar, Bermuda or the Isle of Man.
- (i)
[Note: Article 4(3) of the Insurance Mediation Directive2]
2The minimum limits of indemnity for a firm whose Part 4A permission covers both insurance mediation activity and home finance mediation activity 1is the higher of the limits of indemnity for these activities. If the firm opts for a single comparable guarantee to finance the claims which might arise as a result of both activities, the requirements for insurance mediation activity apply.
1A non-EEA firm (such as a captive insurance company outside the EEA) will be able to provide professional indemnity insurance only if it is authorised to do so in one of the specified countries or territories.. The purpose of this provision is to balance the level of protection required for the policyholder against a reasonable level of flexibility for the firm.
Terms to be incorporated in the insurance
The contract of professional indemnity insurance must incorporate terms which make provision for:
- (1)
cover in respect of claims for which a firm may be liable as a result of the conduct of itself, its employees and its appointed representatives (acting within the scope of their appointment);
- (2)
the minimum limits of indemnity per year set out in this section;
- (3)
an excess as set out in this section;
- (4)
appropriate cover in respect of legal defence costs;
- (5)
continuous cover in respect of claims arising from work carried out from the date on which the firm was given Part 4A permission for the insurance mediation activity or home finance mediation activity1 concerned; and
1 - (6)
A firm is responsible for the conduct of all of its appointed representatives.
Minimum limits of indemnity: insurance intermediary
If the firm is an insurance intermediary, then the minimum limits of indemnity
are:
[Note: Article 4(3) of the Insurance Mediation Directive2]
23Article 4(7) of the Insurance Mediation Directive requires the limits of indemnity to be reviewed every five years to take into account movements in European consumer prices. These limits will therefore be subject to further adjustments on the basis of index movements advised by the European Commission.
Minimum limits of indemnity: home finance1 intermediary
If the firm is a home finance intermediary,1 then the minimum limit of indemnity is the higher of 10% of annual income up to £1 million, and:
1Excess
For a firm which does not hold client money or other client assets, the excess must not be more than the higher of:
- (1)
£2,500; and
- (2)
1.5% of annual income.
For a firm which holds client money or other client assets, the excess must not be more than the higher of:
Policies covering more than one firm
If a policy provides cover to more than one firm, then:
- (1)
the limits of indemnity must be calculated on the combined annual income of all the firms named in the policy; and
- (2)
each firm named in the policy must have the benefit of the relevant minimum limits of indemnity.
Additional capital
If a firm seeks to have an excess which is higher than the relevant limit, it must hold additional capital as calculated in accordance with the appropriate table below:
Table: Calculation of additional capital for firm not holding client money or other client assets (£000's)
Income |
Excess obtained up to and including: |
|||||||||||||
More than |
Up to |
2.5 |
5 |
10 |
15 |
20 |
25 |
30 |
40 |
50 |
75 |
100 |
150 |
200+ |
0 |
100 |
0 |
5 |
9 |
12 |
14 |
17 |
19 |
23 |
26 |
33 |
39 |
50 |
59 |
100 |
200 |
0 |
7 |
12 |
16 |
19 |
22 |
25 |
30 |
34 |
43 |
51 |
64 |
75 |
200 |
300 |
0 |
7 |
12 |
16 |
20 |
24 |
27 |
32 |
37 |
47 |
56 |
71 |
84 |
300 |
400 |
0 |
0 |
12 |
16 |
21 |
24 |
28 |
34 |
39 |
50 |
60 |
77 |
91 |
400 |
500 |
0 |
0 |
11 |
16 |
21 |
24 |
28 |
34 |
40 |
53 |
63 |
81 |
96 |
500 |
600 |
0 |
0 |
10 |
16 |
20 |
24 |
28 |
35 |
41 |
54 |
65 |
84 |
100 |
600 |
700 |
0 |
0 |
0 |
15 |
20 |
24 |
28 |
35 |
41 |
55 |
67 |
87 |
104 |
700 |
800 |
0 |
0 |
0 |
14 |
19 |
24 |
28 |
35 |
42 |
56 |
68 |
89 |
107 |
800 |
900 |
0 |
0 |
0 |
13 |
18 |
23 |
27 |
35 |
42 |
56 |
69 |
91 |
109 |
900 |
1,000 |
0 |
0 |
0 |
0 |
17 |
22 |
27 |
34 |
41 |
57 |
70 |
92 |
111 |
1,000 |
1,500 |
0 |
0 |
0 |
0 |
0 |
21 |
26 |
34 |
41 |
57 |
71 |
97 |
118 |
1,500 |
2,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
30 |
38 |
56 |
71 |
98 |
121 |
2,000 |
2,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
24 |
33 |
53 |
69 |
99 |
126 |
2,500 |
3,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
28 |
50 |
68 |
101 |
130 |
3,000 |
3,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
47 |
67 |
101 |
132 |
3,500 |
4,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
43 |
65 |
101 |
133 |
4,000 |
4,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
39 |
62 |
101 |
134 |
4,500 |
5,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
58 |
99 |
134 |
5,000 |
6,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
54 |
97 |
133 |
6,000 |
7,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
91 |
131 |
7,000 |
8,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
84 |
126 |
8,000 |
9,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
75 |
120 |
9,000 |
10,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
113 |
10,000 |
100,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
100,000 |
n/a |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Table: Calculation of additional capital for firm holding client money or other client assets (£000's)
Income |
Excess obtained up to and including: |
||||||||||||
More than |
Up to |
5 |
10 |
15 |
20 |
25 |
30 |
40 |
50 |
75 |
100 |
150 |
200+ |
0 |
100 |
0 |
4 |
7 |
9 |
12 |
14 |
18 |
21 |
28 |
34 |
45 |
54 |
100 |
200 |
0 |
7 |
11 |
14 |
17 |
20 |
25 |
29 |
38 |
46 |
59 |
70 |
200 |
300 |
0 |
7 |
11 |
14 |
17 |
20 |
25 |
30 |
40 |
49 |
64 |
77 |
300 |
400 |
0 |
0 |
9 |
13 |
16 |
19 |
25 |
30 |
40 |
50 |
67 |
81 |
400 |
500 |
0 |
0 |
0 |
11 |
14 |
18 |
24 |
29 |
40 |
51 |
68 |
83 |
500 |
600 |
0 |
0 |
0 |
8 |
12 |
15 |
22 |
28 |
40 |
51 |
69 |
85 |
600 |
700 |
0 |
0 |
0 |
0 |
9 |
13 |
20 |
26 |
39 |
50 |
69 |
86 |
700 |
800 |
0 |
0 |
0 |
0 |
6 |
10 |
17 |
24 |
38 |
49 |
69 |
87 |
800 |
900 |
0 |
0 |
0 |
0 |
0 |
7 |
15 |
22 |
36 |
48 |
69 |
87 |
900 |
1,000 |
0 |
0 |
0 |
0 |
0 |
0 |
12 |
19 |
34 |
47 |
68 |
87 |
1,000 |
1,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
16 |
32 |
45 |
67 |
86 |
1,500 |
2,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
18 |
34 |
59 |
81 |
2,000 |
2,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
19 |
48 |
71 |
2,500 |
3,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
6 |
37 |
64 |
3,000 |
3,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
26 |
55 |
3,500 |
4,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
14 |
45 |
4,000 |
4,500 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
33 |
4,500 |
5,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
21 |
5,000 |
6,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
8 |
6,000 |
7,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
7,000 |
8,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
8,000 |
9,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
9,000 |
10,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
10,000 |
100,000 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
100,000 |
n/a |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
The rule on the items which are eligible to contribute to the capital resources of a firm applies (see MIPRU 4.4.2 R.