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Cornish Insurance
126-128 High Street,
Delabole, Cornwall
PL33 9AJ

Telephone:
01840 213836

Fax:
01840 212610

Email:
info@cornishinsurance.co.uk


Specialists since 1984

Terms of Insurance Business

About Us
Cornish Insurance of 126-128 High Street, Delabole, Cornwall. PL33 9AJ is authorised and regulated by the Financial Conduct Authority (FCA). We are permitted to arrange, advise on, deal as an agent of insurers and clients and assist in claims handling with respect to non-investment insurance policies. Our firms reference number is 309401, which may be verified on the FCA's register at http://www.fsa.gov.uk/register/firmSearchForm.do or by contacting the FCA on 0845 606 1234

Your Data and Call Recording
In the course of providing insurance services to you, we may have access to Personal Data. We undertake that we shall only use any Personal Data provided to us for the purposes of performing our services in connection with our contract of insurance with you. This will include the processes of underwriting, administration and claims assessment as well as any necessary services that we may provide.
All calls into our offices are recorded with the exception of discussions relative to card/payment transaction details. The recordings are used to

  • Ensure we can establish facts and evidence for business transactions
  • Ensure compliance with regulatory or self-regulatory practices
  • Ensure that our standards of service are being met
Only in specific circumstance will such recordings be passed on without your consent such as in legal disputes or where law enforcement agencies have requested copies.
You may request a copy of any recording under the Data Protection Act under a ‘subject access request’. Charges will apply for the supply of such data requests. Details are available upon request. Our Business Privacy Notice provides more information regarding the data we gather.

Accepting our Terms of Business

By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to:

  • The section headed ‘protecting your information’; and
  • The section headed ‘Protecting Your Money’, which explains our terms for handling client money in a Non Statutory Trust account.
For your own benefit and protection, you should read these terms carefully. If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.

Product Providers
We only select insurance products from a limited number of insurers; you may ask us for a list of the insurers we deal with for this product. We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer.

Cancellation – By You

You have a right to cancel this insurance at any time by writing to us. This insurance has a cooling off period of fourteen (14) days from either:

 

a)       the date You receives this insurance documentation; or

b)      the start of the Period of Insurance,

 

whichever is the later.

 

If this insurance is cancelled by you then, provided you have not made a claim, you will be entitled to a refund of any premium paid, subject to a deduction for any time for which you have been covered. This will be calculated on a proportional basis but subject to an administration charge of £15.00. For example, if you have been covered for six (6) months, the deduction for the time you have been covered will be half the annual premium. 

 

If we have paid any claim, in whole or in part, then no refund of premium will be allowed.

 

If we become aware of a claim that was unreported by you and the annual premium remains unpaid we reserve the right to deduct any outstanding premium from the amount we settle to you or any third party for such claim

Cancellation – By Us or Your Insurer
We or your insurer may cancel this Policy by giving you 30 days’ notice. We/your insurer will only do this for a valid reason. Examples of valid reasons are as follows:

(i)      non-payment of premium; or

(ii)    a change in risk occurring which means that we can no longer provide the you with insurance cover; or

(iii)   non-cooperation by you or failure by you to supply any information or documentation requested by Us; or

(iv)   a petition is presented for the administration or winding up of the the Business; a winding up order is made; a receiver is appointed over any of its assets; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction or

(v)    threatening or abusive behaviour or the use of threatening or abusive language

 

If your insurance is cancelled by us/your insurer then, provided you have not made a claim, you will be entitled to a refund of any premium paid, subject to a deduction for any time for which you have been covered. This will be calculated on a proportional basis but subject to an administration charge of £15.00. For example, if you have been covered for six (6) months, the deduction for the time you have been covered will be half the annual premium. 

If we have paid any claim, in whole or in part, then no refund of premium will be allowed.

If we become aware of a claim that was unreported by you and the annual premium remains unpaid we reserve the right to deduct any outstanding premium from the amount we settle to you or any third party for such claim

Cancellation – Commercial Clients
The above pro-rata cancellation terms will not apply in respect of clients/insured’s who have been classified as ‘Commercial Clients’.  For information about how we class your business please refer to your policy documentation.  Should you disagree with the classification you may appeal to us or your insurer and we may reconsider this classification

Fair Processing Notice (Privacy Notice)
We use personal information which you supply to us in order to write and administer your policy(ies) including any claims arising from it. 

This information will include basic contact details such as your name, address, and policy number, but may also include more detailed information about you (for example, your age, health, details of assets, claims history) where this is relevant to the risk we are administering/arranging, services we are providing, or to a claim you are reporting. 

We also use a number of trusted service providers, who will also have access to your personal information subject to our instructions and control.

You have a number of rights in relation to your personal information, including rights of access and, in certain circumstances, erasure.

This section represents a condensed explanation of how we use your personal information.  For more information, we strongly recommend you read our user-friendly Master Privacy Policy, available here:

Complaints
It is our intention to provide you with a high level of service at all times. If you, however, have reason to make a complaint about our service you should contact our Customer Service Manager on 01840 212900 or write to us at the address above. You may be entitled to refer the matter subsequently to the Financial Ombudsman Service (FOS). You can contact the FOS at http://financial-ombudsman.org.uk/ or by telephoning them on 0845 080 1800.

Compensation arrangements
We are covered by the Financial Services compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim without upper limit. Further information is available from the FSCS on 0207 892 7300 or at http://www.fscs.org.uk

Your responsibilities

You are responsible for answering any questions in relation to any proposal for insurance cover honestly and to the best of your knowledge, providing complete and accurate information which insurers will require. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover. This is particularly important before taking out a policy but also at renewal or if you make a midterm amendment to your policy.

If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign.

It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy.

You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy. If you are unsure about any matter, please contact us for guidance.

Ending your relationship with us

Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you.

Your instructions must be given in writing and will take effect from the date of receipt. We will not process any possible refunds due on cancellation of an insurance policy until we are in receipt of the Certificate of Insurance. In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days notice. Circumstances in which we may no longer wish to continue providing services to a customer could include:

  • Non-payment of premium or fees
  • Commission claw-back by insurers where instructions are given to another party to handle the customer’s insurance(s)
  • Failure to provide requested documentation or information
  • Deliberate failure to comply with terms set out within the ToB or insurer’s documentation
  • Deliberate misrepresentation or non-disclosure, attempted fraud or other instances of ‘bad faith’
Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided. All additional products, policies and services provided are non-refundable after 14 days.

Short Term Policies, M & D and No Claims Bonus

In the event of cancellation of a policy which is issued for a period of less than 12 months or is issued Minimum and Deposit (M & D) there will be no return premium due from the insurer. Please consult your policy document and schedule for full details of any cancellation charges applying. This does not affect your statutory rights. No claims bonus will not be earned on an policy issued for a period of less than 12 months.

Payment and refund of premiums

Unless otherwise agreed and formalised by a premium instalment plan all premiums are due on the day cover is arranged, the date the policy is due for renewal, or the date any mid-term change is processed.

If you wish to pay your premium by monthly direct debit we can arrange this for you. An administration cost of up to £20.00 applies. A credit agreement will be sent to you separately. You will be responsible for payment of the instalments as they fall due. In the event of non-payment or 3 default payments on your credit agreement (excluding issues outside of your control) we will withdraw the finance facility and you will be given 7 days to pay the balance of your outstanding premium. In the event of non-payment of the premium cover will cease from the date stated in the letter. After the deduction of £25 cancellation fee, any refund will be used to clear any outstanding balance on your account, subject to you not having made a claim or a claim having been made against you during the period of cover. We reserve the right to apply an administration charge of £25 for handling non-payment cases. The company reserves the right to not offer credit facilities thereafter.

If you pay your premium by credit or debit card any refund will normally be credited back to the card used to make the payment. In some cases we may issue a refund by cheque payable to the Policyholder. Refunds to cards will usually appear in your account within 3 – 5 working days depending on your bank other payment methods can take up to 30 days

Fees and Charges

In addition to premiums charged by insurers we make the following charges:
Annual policy arrangement fee – no more than 30% of the insurers premium
Credit card handling charge – 2.50% of payment
Arranging finance – Up to £20.00
Hard copy documents - £5.00
General administration i.e change to policy or premium at new business, mid-term and renewal – no more than 30% of the insurer’s premium
Cancellation - £25
Copies of personal data we hold about you - £10
Unpaid Cheque - £20

Please note these charges are non-refundable in the event of cancellation.

We reserve the right to amend the level of fees/charges at any time.

You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded./p>

We also draw your attention to the sections headed ‘How to cancel’ and ‘Ending your relationship with us’.

If a yearly policy is cancelled we will deduct the commission amount due from the refund. This is dependent upon the commission percentage we receive from each insurer. Prior to acceptance, charges, payments and frequency of collection will be explained to you in full. No cover will be incepted until the payment has been received. We accept payment in cash, cheque and all forms of credit and debit cards with the exception of Diners Club.
Commercial customers are entitled to be advised of our earnings upon request to the Head of Finance.

Protecting your money

Prior to your premium being forwarded to the insurer and for your protection we hold money either as an agent of the insurer or we hold it in a client bank account on trust for you. We may need to transfer your money to another intermediary in some instances. However your money will be protected at all times because of the requirements of the FSA rules. We also reserve the right to retain any interest earned on this account. By accepting this Terms of Insurance Business document you are giving your consent for us to operate in this way.

Protecting your information

All personal information about you will be treated as private and confidential (even when you are no longer a customer) except where the disclosure is made at your request or with your consent in relation to administering your insurance except where the law requires us. The FSA may ask us to provide it with access to our customer records in order that it may carry out a review of our activities.

Some or all of the information you supply to us in connection with your insurance proposal may be passed to insurance and other companies for underwriting, claims and premium collection purposes. Your data will be held in accordance with the Data Protection Act 1998 under which you have a right of access to see personal information about you that is held in our records, whether electronically or manually. If you have any queries please write to the Senior Partner, Mr Robert F Smith at the address shown above

How to Make a Claim
Please refer to your policy summary or your policy document if you need to notify us of a claim. You should contact the insurer direct as soon as possible using the contact details provided. Further information regarding claims can be found at our website http://www.cornishinsurance.co.uk. Should you be in any doubt as to whom you should contact please call us on 01840 211906.

Awareness of Policy Terms
You are strongly advised to read your policy carefully as it is that document, the schedule and any certificate of insurance you have purchased which forms the basis of the contract of insurance you enter into. If you are in any doubt over the policy terms and conditions please seek our advice immediately