This document is effective from 01 April 2021 and supersedes all Terms of Business previously issued by us. It sets out the terms upon which we agree to act for our clients and contains details of our regulatory and statutory responsibilities. It also sets out some of your responsibilities. Please read it carefully. Please contact us immediately if there is anything in these Terms of Business which you do not understand or with which you disagree.
Luker Rowe & Company Limited is an independent Chartered Insurance Broker, authorised and regulated by the Financial Conduct Authority (FCA) to transact general insurance business. Our FCA Registration Number is 143717. This information can be checked on the Financial Services Register by visiting the FCA’s website at www.fca.org.uk or by contacting the FCA on 0800 111 6768 (freephone) or 0300 500 8082.
Our Office Hours are 09.00am to 5.00pm, Monday to Friday. An answer phone is in operation outside of Office Hours. Requests for cover left on this answer phone cannot be actioned until the next time the office is opened. No cover is in force until confirmed in writing by us. Cover cannot be backdated. We do not accept responsibility for instructions which do not reach us at all due to failures in the postal, electronic or telecommunications systems.
OUR PRODUCTS AND SERVICES:
We will inform you at inception and at every renewal how we made our product selection and the capacity in which we are acting. We select products from a wide range of insurers, other than in respect of the following:
If we ever choose an insurance product which falls outside the above selection criteria, we will tell you before you agree to take out or renew that particular policy.
We will confirm to you how our selection has been made which will take into account our own assessment of the quality of product offered, service levels, financial standing and claims philosophy of the insurer(s) concerned.
We offer a range of insurance and risk management products and are able to arrange most general insurances. Our services include the provision of advice and recommendation after assessing our Customers’ needs (other than for the specific products shown above), the selling of general insurance products and assisting with handling claims under general insurance policies.
Unless you tell us otherwise we will act on the understanding that we have your authority to agree to insurance policy wordings on your behalf.
For certain types of insurance we are authorised to issue policy documentation and/or certificates on behalf of the insurers, in which case we would be acting as agent of the insurer for this part of the transaction.
We act as a credit broker in arranging for annual insurance premiums to be paid in instalments. We do not lend money ourselves for this purpose.
We do not offer advice in relation to tax, accounting, regulatory or legal matters and customers should take separate advice as necessary.
Whilst we monitor the financial strength of the Insurers with whom we place business it should be noted that the claims-paying ability of even the strongest insurers could be affected by adverse business conditions. We cannot, therefore, guarantee the solvency of any insurer or underwriter. Our position is that we will normally only provide quotations where the Insurer carries a financial credit rating but where this is not possible we will advise you accordingly.
A liability for the premium, whether in full or pro rata, may rise under policies where a participating insurer becomes insolvent.
Our remuneration will be either a fee, as agreed with you, or brokerage, which is a percentage of the insurance premium paid by you and allowed to us by the insurer with whom the insurance policy is placed or a combination of both.
In the ordinary course of our business we sometimes earn income in the form of management/administrative expenses allowed to us by insurers to cover costs incurred in carrying out work on their behalf and in the form of volume, growth or profitability payments.
We may also receive income from providers of premium financing facilities where, with your agreement, we have made such arrangements on your behalf. Our earnings in this respect will be a percentage of the premium you are paying that is being financed.
We may sometimes also earn income for the provision of other services to you, which will be agreed with you on an individual basis.
For each insurance policy, including any subsequent renewal, you have a right to request information regarding any remuneration that we have received as a result of placing your insurance business.
WHAT WILL CUSTOMERS HAVE TO PAY US FOR OUR SERVICES?
Unless otherwise indicated on our documentation a Policy Fee for New Business and Renewal will be made. In all cases the fee will be quoted to you in advance. We also reserve the right to make the following administration charges:
If a policy is cancelled, we reserve the right to retain all commission and charges in respect of the full policy period in relation to insurances arranged by us to cover our administration and advisory costs.
WHAT TO DO IF YOU HAVE A COMPLAINT:
If you wish to register a complaint please contact us:
Our full complaints procedure is available on request.
If we cannot settle your complaint you may be entitled to refer it to the Financial Ombudsman Service (FOS). You can find out more by visiting the FOS website at www.financial-ombudsman.org.uk
If you cannot settle your complaint with us, and have no entitlement to refer it to the FOS, you can escalate the matter to our Managing Director, John Dunn.
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of insurance business transacted and the circumstances of the claim. Further details about compensation scheme arrangements are available from the FSCS.
You are responsible for the prompt settlement of insurance premiums so that we can make the necessary payments to your insurers. We have no obligation to fund any premiums on your behalf and cannot be held responsible for any loss which you may suffer as a result of a policy being cancelled or otherwise prejudiced due to the late payment of a premium where the delay is attributable to you.
All premiums are due and must be paid, or instalment arrangements completed, before cover is arranged. Payment may be made by Cheque or Debit Card. Alternatively, various credit facilities may be available, depending on the insurer and nature of the policy, which will enable the premium to be spread over regular instalments. A credit charge will usually be made by the insurer/financier in this respect and full details will be given to all Customers at the time.
CLIENT AND INSURER MONEY:
We hold client money collected for onward transmission to insurers and return premiums due to clients from insurers in a Client Money Bank Account, under a Non-statutory Trust in accordance with FCA rules. The Deed of Trust permits us to use the account to make advances of credit from time to time to our clients, in order to fund their premiums, subject to strict conditions. In dealing with us you agree to our holding client money in this way. A copy of the Deed of Trust is available on request.
For the purpose of some transactions, please note that client money may pass through other authorised intermediaries before the insurer receives it.
Where we collect or hold money as agent of the insurer we may also hold that money in the same Client Money Bank Account.
Client money will be deposited with one or more approved banks, a list of which is available on request. Please notify us immediately if you do not wish us to use any bank or banks on this list. Any Interest earned will not be paid to clients in respect of money held in Luker Rowe Client Money bank accounts but may be earned by Luker Rowe.
Please ensure that you report all incidents that could give rise to a claim as soon as you become aware of them. In certain circumstances late notification may result in your claim being rejected.
All Motor Claims should be reported to the Luker Rowe Claims Assistance Helpline by calling 01494 490 141
For all other claims either contact your insurer on their helpline, which can be found in your policy documents, or by telephoning our office. You will be advised if you need to complete a claim form or produce documentation to support your claim.
If the claim involves damage to your property, please do not dispose of damaged items and/or authorise repair work (except in an emergency or to prevent further damage) until your insurers or we advise that you can.
If your claim involves damage to third party property or injury to persons please pass copies of all correspondence, including solicitors’ letters, to us immediately and unanswered. Any attempt to negotiate or respond to the incident, without prior reference to your insurers or us, may prejudice your cover.
You should be aware that a claim arising after renewal of the policy has been invited, may affect the assessment and acceptance of renewal by your insurers.
The terms of any insurance that we arrange on your behalf will be based upon the information provided by you to us or to your insurers.
If you are a consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) purchasing a Personal product you must take reasonable care to answer all questions put to you about your proposed insurance fully, honestly and to the best of your knowledge. If you do not understand the meaning of any question, or if you do not know the answer, it is vital that you tell us. Once cover has been arranged, you must immediately notify us or your insurer of any changes to the information that has been previously provided. The most serious consequence of failing to provide full and accurate information before you take out insurance, or when your circumstances change, could be the invalidation of your cover. In that instance it would mean that a claim will be rejected.
If you are a Business customer, or someone buying insurance mainly for purposes related to your trade, business or profession, you have a duty to give a ‘fair presentation’ of the risk to insurers. This means that you must clearly disclose every material circumstance which you, your senior management or persons responsible for arranging your insurance, know or ought to know following a reasonable search, before your cover is placed, when it is renewed and at any time that it is varied. Your policy wording may also stipulate that this duty continues throughout the period of insurance cover. A material circumstance is one that may influence an insurer’s judgement over whether to take the risk and, if so, on what terms. If you are in any doubt as to whether a circumstance is material you are advised to disclose it. Failure to disclose a material circumstance may entitle an insurer to impose different terms on your cover or reduce the amount of a claim payable, and in some cases your cover could be invalidated which would mean that a claim would not be paid.
You are advised to keep copies of any correspondence you send to us or direct to your insurers.
Our aim is to produce documentation and issue correspondence in a clear and understandable format. In the event that clarification is required, we would ask you to let us know immediately.
You should check all policy documentation to ensure that the details are correct and the cover provided meets with your requirements. Any errors should be notified to us immediately.
All policies contain conditions and exclusions and some contain warranties and excesses. It is your responsibility to examine the document to familiarise yourself with these. A breach of a policy condition may result in non-payment of a claim if compliance with that condition would have reduced the risk of the loss which actually occurred. Breach of a warranty may suspend the insurer’s liability to pay any claims directly related to such breach, until such time that the breach has been remedied.
We recommend that you keep policy documents for as long as a claim is possible under the policy. If your policy includes Employers’ Liability insurance, it is prudent to keep a copy of all Employers’ Liability Certificates issued.
If we take over the servicing of insurance policies which were originally arranged through another insurance broker or intermediary or directly with an insurer, we do not accept liability for any claim arising out of the advice given by that broker, intermediary or insurer, nor for any errors, omissions or gaps in your current insurance protection.
We would ask you to contact us without delay should any aspect of a policy, which has been transferred to us, cause you concern or if you need an immediate review. Otherwise we will endeavour to review all transferred policies as they fall due for renewal.
Unless agreed otherwise quotations are valid for 21 days from the date of issue. You should be aware that quotations may change or be withdrawn if the information given to us or your insurers in proposal forms or declarations differs from that provided at the time the quotation was issued.
CANCELLATION RIGHTS FOR PERSONAL POLICIES:
If you take out a Personal policy through us which lasts for more than one calendar month you may cancel the cover up to 14 days from the later of:
You will be informed if you have such a Cancellation Right in the Insurer documentation.
Should you decide to exercise the Cancellation Right you will be entitled to a refund of premium less an appropriate pro rata charge for the period of cover given before the Cancellation Right was invoked. If the premium has not been paid, a charge may be made for the period of cover given prior to the exercise of the Cancellation Right. Should any claim occur prior to the exercise of the Cancellation Right where the claim terminates the insurance cover, your insurers may not allow a refund of any of the premium paid.
If this Cancellation Right is not exercised within the 14-day period as stated above, and you decide to cancel the policy at a later date, the amount of any premium refund will depend upon the cancellation terms of your insurance policy.
To exercise the Cancellation Right, you should contact us at our normal address or your insurers at the address shown on your policy.
CANCELLATION OF COVER FOR BUSINESS POLICIES:
Customers must notify us in writing if they wish to cancel their policy at any time. Cancellation of a policy cannot be backdated. Unless otherwise agreed, insurance policies are annual contracts and the provision of a proportionate refund upon cancellation will be at the discretion of the Insurance Company. Insurers do not normally allow refunds in a case where a minimum and deposit premium has been charged. If there has been a claim during the current policy period, no refund will be granted.
LIMITATION OF LIABILITY:
Unless otherwise agreed in writing between us, our liability to you in connection with the provision of services is limited to a total of £5,000,000. Furthermore, we will only accept liability for wrongdoings which are due to breach of contract, negligence, breach of professional duty or breach of trust.
We do not accept liability for losses which: are contributed to by your own negligence; arise from your failure to provide information which we have reasonably requested about your insurance risks; or which are not a reasonably foreseeable consequence of our actions.
Notwithstanding the above, we place no restriction on our liability to you for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or a breach of our statutory or regulatory obligations.
Either party may terminate this Agreement with 14 days’ written notice or as otherwise agreed. Notice of this termination must be given in writing and, unless an end date has been agreed, the 14 days’ notice will be measured from the date of receipt of the communication.
An instruction to lapse or cancel an insurance policy that we have arranged on your behalf will not result in termination of this Agreement unless you also give written notice of your intention to terminate this Agreement. Likewise, if we give you notice of our intention to terminate this Agreement, unless we advise you otherwise, it will not result in cancellation of a policy or policies that we have arranged on your behalf.
If we serve notice of termination, it is our policy not to give reasons for such notice, or to enter into correspondence about such reasons.
Regardless of which party serves notice, termination is without prejudice to any transactions already initiated unless otherwise agreed in writing. You will be liable to pay for any transactions or adjustments effective prior to termination and we will be entitled to retain any and all fees or brokerage payable in relation to policies placed by us prior to the date of termination.
If, prior to termination, we are assisting you to make a claim on an insurance policy that we have arranged, this service will cease upon termination.
When this Agreement is terminated, we will send you any documentation and information to which you are entitled, on request.
We will retain your personal data for a certain period of time after termination of this Agreement (please see our privacy notice on our website www.lukerrowe.com for further details.
CREDIT & IDENTITY SEARCHES:
Some of the insurers we use for Personal insurances may obtain publicly available data about prospective or existing policyholders before offering a quotation or renewal. They obtain this information electronically from a variety of sources including a credit reference agency and other external organizations. This information is used to ensure that they put forward their best possible offer and to prevent fraud, including identity fraud. Their search will appear on your credit report whether or not your application proceeds.
As well as these searches, insurers may use a credit check to ascertain the most appropriate payment options for prospective or existing policyholders. This credit check will also appear on your credit report whether or not your application proceeds.
To comply with Comsumer Credit legislation, providers of credit are required to carry out affordability assessments before making advances of credit. This means that whenever we are asked to arrange personal premium finance, we will pass your name, address and date of birth to the finance provider, to enable it to carry out an assessment. In assessing your application, the provider may search information held by a credit reference agency. Please note the credit reference agency will add details of the search and your application to their records, whether or not your application proceeds.
If you do not agree to these checks please notify us in writing
CREDIT AGREEMENT PAYMENT DEFAULTS:
If any direct debit or other payment due in respect of a credit agreement entered into with our suggested provider of premium finance to pay insurance premiums, associated fees and charges is not met when presented for payment, or if you end or do not complete such credit agreement, you acknowledge and agree that it may be necessary for us or the premium finance provider to cancel on your behalf the insurance policies being paid by the said agreement, unless you immediately make other arrangements to pay the remaining balance of the insurance premiums. After cancellation, you agree that you will be responsible for any time on risk charge still outstanding and the finance provider’s reasonable costs after application of any refunds allowed by the insurers. You will be responsible for putting in place any alternative insurance arrangements you need, unless you have been able to satisfy the requirements we may have in such a situation to provide an alternative solution.
All information provided by our clients is treated as confidential and only disclosed in the normal course of negotiating, arranging and administering your insurance. This may include disclosing information to agents and service providers such as loss adjusters and approved contractors.
With a few exceptions, for example information requested by a court, a regulatory body or information which is already in the public domain, we will not release information to any other party without your consent.
Details of how we use personal data will be provided to you separately in a privacy notice.
LAW AND JURISDICTION:
These Terms of Business shall be governed by and construed in accordance with English Law. In relation to any legal action or proceedings arising out of or in connection with these Terms of Business we both irrevocably submit to the exclusive jurisdiction of the English courts.
Please note that for training and compliance purposes all telephone calls will be recorded and retained.
YOU ARE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND GIVE YOUR CONSENT FOR US TO OPERATE IN THE WAYS DESCRIBED, UNLESS YOU ADVISE US OTHERWISE WITHIN SEVEN DAYS OF RECEIPT.
“Having worked with Luker Rowe for many years, I can thoroughly recommend all aspects of the business. I use them for business brokerage and also personal – always professional, prompt and helpful with advice.”