1.1. Price Forbes & Partners Limited (“Price Forbes”, “We” or “Our” or “Us”) is an insurance and reinsurance broker accredited by Lloyd’s and incorporated in England and Wales with company registration number 05734247.
1.2. Price Forbes is authorised and regulated by the Financial Conduct Authority (“FCA”). We are permitted to advise on and arrange general insurance contracts: our FCA Reference Number is 449988, and our regulatory details can be verified by visiting the Financial Services Register Website at www.fca.org.uk or by telephoning the FCA on +44 800 111 6768.
1.3. Our aim is to meet Your needs and instructions in the most effective and efficient manner: in fulfilling that objective, We will exercise the skill and care to be expected of a prudent and professional insurance broker in providing independent advice, placing insurance business and collecting claims. Our dealings with You will be open and fair, and will be conducted to the highest standards of integrity.
1.4. This document sets out the terms upon which We agree to act for You, and is intended to have contractual effect between Us: please, therefore, read the document carefully, since if You instruct Us to act on Your behalf, these terms will define our respective obligations in the absence of any written variation to them, or the existence of any other written agreement between Us.
2. TERMINOLOGY
In order to avoid repetition of words used in this document:
2.1. “Agreement” means these terms of business;
2.2. “CASS” has the meaning given in clause 10.2;
2.3. “FCA” means the Financial Conduct Authority or any successor regulatory body(ies);
2.4. “Insurance” includes reinsurance;
2.5. “Insurance Business” means any insurances or reinsurances falling within the definition of “contract of insurance” in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 or as amended together with insurances concluded under any contracts for insurance made by the Insured where We are the cover holder or the placing broker. For the avoidance of doubt Insurance Business does not include any inwards reinsurance business placed by Us as agent of a third party to this Agreement;
2.6. “Insurers” includes any insurer, reinsurer or other category of risk bearer, as appropriate to Your requirements;
2.7. “Slip” means a document which is or is to form the basis of either a contract for insurance or contract of insurance. A Slip may incorporate details of administrative arrangements pertinent to the processing of the contract for or of insurance;
2.8. “Taxes” means all Insurance Premium Taxes (“IPT”) and other para-fiscal charges that may be levied by overseas fiscal authorities on insurance premiums.
2.9. In this Agreement, words importing the singular shall include the plural and vice versa. Headings are included for ease of reference and convenience only and shall not affect the interpretation of the Agreement.
3. SCOPE
3.1. The purpose of this Agreement is solely to set out Your and Our rights and obligations only in respect of the matters specifically addressed in this Agreement. To the extent that any matters relating to the relationship between You and Us are not expressly addressed in this Agreement, they remain unaffected and unaltered by this Agreement. This Agreement shall not override the terms of any underlying contract for or of Insurance Business or the terms of any Slip.
3.2. Nothing in this Agreement overrides Our duty to place Your interests before all other considerations nor shall this Agreement override any legal or regulatory requirements (whether obligatory or advisory) which may apply to Us, You, or the placing of any Insurance Business or the Insurance Business itself.
3.3. Subject to clause 3.4, it is agreed that the terms set out in this Agreement shall apply to the conduct of any Insurance Business which has been or may be transacted between You and Us. The terms of this Agreement supersede the terms of any other terms of business (TOBA) already in place between You and Us.
3.4. Prior to or at the time of placement of any Insurance Business (or as otherwise agreed separately in writing between You and Us), We and You may agree provisions relating to the conduct of that Insurance Business. These provisions may include (but are not limited to) roles and responsibilities relating to the administration of the Insurance Business and the handling of claims and processes by which amendments to the risk may be agreed. This Agreement shall be subject to any provisions so agreed, and does not seek to address such provisions.
4. INSURANCE REQUIREMENTS AND THE DUTY OF DISCLOSURE
4.1. You acknowledge that We will rely on You to provide such information (whether written or verbal) about Your circumstances and objectives as might reasonably be expected to be relevant to enable Us to place Insurance to meet Your requirements. You further agree and acknowledge that We shall not be responsible for confirming the validity, accuracy or completeness of any such information.
4.2. It is Your responsibility to ensure that the information provided by You, including that in any proposal form, is accurate and discloses all ‘material facts’. Material facts are those which would influence any prudent underwriter’s decision as to whether to underwrite the policy or the terms and conditions to impose.
4.3. Failure to disclose material facts or circumstances known to You (or which ought to be known to You) may invalidate the cover in whole or in part or enable Insurers to repudiate liability to pay claims. The duty to disclose continues during the policy period and at any subsequent renewal. Any such changes to material information must be notified immediately.
4.4. The terms and conditions of any policy of Insurance may also contain express disclosure conditions or warranties which must be strictly complied with.
4.5. If You are in any doubt as to whether information is material, You should disclose it.
5. INFORMATION ABOUT THE PROPOSED INSURANCE
5.1. We will take diligent and timely steps to implement Your instructions and, subject to an available insurance market, obtain an appropriate quotation for the risk. If any inability to fulfil Your instructions becomes clear to Us, We will bring this to Your immediate attention. If We consider it to be in Your best interests, We may, in appropriate circumstances, seek a quotation from Equinox Underwriting, the Underwriting Division of Price Forbes, which has underwriting authority for certain underwriters in respect of certain classes of business: if any part of the proposed security on a quotation is to be provided through Equinox Underwriting, this will be made apparent to You.
5.2. You should read the insurance quotation, and all subsequent insurance documentation received from Us, to ensure that You understand the terms, scope and effect of the (proposed) Insurance. Whilst We will explain to You the key features of the Insurance proposed, including the essential cover and benefits, any significant or unusual restrictions, exclusions, conditions or obligations and the period of the cover, and the consequences of non-compliance with them, it is Your responsibility to advise Us immediately, in writing, if there are aspects of the cover which You do not understand; or which You do not feel adequately meet Your instructions, requirements or needs.
5.3. It is particularly important that You understand the obligations imposed on You by terms expressed as warranties or conditions precedent or similar terms, since failure to comply strictly with them may result in a claim being rejected, even if the breach of warranty or condition precedent or like term does not cause any prejudice to the Insurers.
5.4. When We put up Insurers’ terms to You, We will ensure that they are accurately presented, but We cannot guarantee that the Insurers will necessarily write the risk on those terms since, under some systems of law, including English Law, the quotation does not constitute an “offer”.
6. PLACEMENT AND CONFIRMATION OF COVER
6.1. Instructions to bind cover must be received by Us in writing.
6.2. We will only place Insurance with Insurers who satisfy certain minimum criteria assessed by the leading rating agencies, or for whom You have given Us specific approval to use. Whilst the information upon which We rely is obtained from sources considered to be reliable, and We use all reasonable endeavours to review accurately that information in order to protect the interests of our clients, predictability of solvency cannot be, and is not, warranted or guaranteed by Us. The financial standing of any Insurer can, of course, change after the insurance contract has incepted. We do not warrant or guarantee (1) the on-going ability of any Insurer to meet their contractual obligations, (2) the solvency of any Insurer, nor (3) an Insurer’s compliance with the terms and conditions of any Insurance Business. The decision regarding the suitability of any Insurer, including but not limited to, the solvency, political risk or compliance with regulations to which You are subject, shall rest with You.
6.3. When We have bound cover, We will notify You in writing to that effect, and confirm the names of the Insurers with whom it has been placed.
6.4. You should not assume that any cover has been placed, or any amendment agreed to (even if the intended inception date has passed), unless and until You have received written confirmation from Us to that effect. In the event that the complete placement of a risk takes place over a number of days, We shall endeavour to report to You from time to time on the exact status of the placement.
7. CLIENT DOCUMENTATION
Evidence of Cover
7.1. We will provide to You in writing, in a timely manner, confirmation of (1) the terms of the insurance contract We have arranged and (2) the Insurer(s) with whom it has been placed. Such confirmation may, acc
1.1. Price Forbes & Partners Limited (“Price Forbes”, “We” or “Our” or “Us”) is an insurance and reinsurance broker accredited by Lloyd’s and incorporated in England and Wales with company registration number 05734247.
1.2. Price Forbes is authorised and regulated by the Financial Conduct Authority (“FCA”). We are permitted to advise on and arrange general insurance contracts: our FCA Reference Number is 449988, and our regulatory details can be verified by visiting the Financial Services Register Website at www.fca.org.uk or by telephoning the FCA on +44 800 111 6768.
1.3. Our aim is to meet Your needs and instructions in the most effective and efficient manner: in fulfilling that objective, We will exercise the skill and care to be expected of a prudent and professional insurance broker in providing independent advice, placing insurance business and collecting claims. Our dealings with You will be open and fair, and will be conducted to the highest standards of integrity.
1.4. This document sets out the terms upon which We agree to act for You, and is intended to have contractual effect between Us: please, therefore, read the document carefully, since if You instruct Us to act on Your behalf, these terms will define our respective obligations in the absence of any written variation to them, or the existence of any other written agreement between Us.
2. TERMINOLOGY
In order to avoid repetition of words used in this document:
2.1. “Agreement” means these terms of business;
2.2. “CASS” has the meaning given in clause 10.2;
2.3. “FCA” means the Financial Conduct Authority or any successor regulatory body(ies);
2.4. “Insurance” includes reinsurance;
2.5. “Insurance Business” means any insurances or reinsurances falling within the definition of “contract of insurance” in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 or as amended together with insurances concluded under any contracts for insurance made by the Insured where We are the cover holder or the placing broker. For the avoidance of doubt Insurance Business does not include any inwards reinsurance business placed by Us as agent of a third party to this Agreement;
2.6. “Insurers” includes any insurer, reinsurer or other category of risk bearer, as appropriate to Your requirements;
2.7. “Slip” means a document which is or is to form the basis of either a contract for insurance or contract of insurance. A Slip may incorporate details of administrative arrangements pertinent to the processing of the contract for or of insurance;
2.8. “Taxes” means all Insurance Premium Taxes (“IPT”) and other para-fiscal charges that may be levied by overseas fiscal authorities on insurance premiums.
2.9. In this Agreement, words importing the singular shall include the plural and vice versa. Headings are included for ease of reference and convenience only and shall not affect the interpretation of the Agreement.
3. SCOPE
3.1. The purpose of this Agreement is solely to set out Your and Our rights and obligations only in respect of the matters specifically addressed in this Agreement. To the extent that any matters relating to the relationship between You and Us are not expressly addressed in this Agreement, they remain unaffected and unaltered by this Agreement. This Agreement shall not override the terms of any underlying contract for or of Insurance Business or the terms of any Slip.
3.2. Nothing in this Agreement overrides Our duty to place Your interests before all other considerations nor shall this Agreement override any legal or regulatory requirements (whether obligatory or advisory) which may apply to Us, You, or the placing of any Insurance Business or the Insurance Business itself.
3.3. Subject to clause 3.4, it is agreed that the terms set out in this Agreement shall apply to the conduct of any Insurance Business which has been or may be transacted between You and Us. The terms of this Agreement supersede the terms of any other terms of business (TOBA) already in place between You and Us.
3.4. Prior to or at the time of placement of any Insurance Business (or as otherwise agreed separately in writing between You and Us), We and You may agree provisions relating to the conduct of that Insurance Business. These provisions may include (but are not limited to) roles and responsibilities relating to the administration of the Insurance Business and the handling of claims and processes by which amendments to the risk may be agreed. This Agreement shall be subject to any provisions so agreed, and does not seek to address such provisions.
4. INSURANCE REQUIREMENTS AND THE DUTY OF DISCLOSURE
4.1. You acknowledge that We will rely on You to provide such information (whether written or verbal) about Your circumstances and objectives as might reasonably be expected to be relevant to enable Us to place Insurance to meet Your requirements. You further agree and acknowledge that We shall not be responsible for confirming the validity, accuracy or completeness of any such information.
4.2. It is Your responsibility to ensure that the information provided by You, including that in any proposal form, is accurate and discloses all ‘material facts’. Material facts are those which would influence any prudent underwriter’s decision as to whether to underwrite the policy or the terms and conditions to impose.
4.3. Failure to disclose material facts or circumstances known to You (or which ought to be known to You) may invalidate the cover in whole or in part or enable Insurers to repudiate liability to pay claims. The duty to disclose continues during the policy period and at any subsequent renewal. Any such changes to material information must be notified immediately.
4.4. The terms and conditions of any policy of Insurance may also contain express disclosure conditions or warranties which must be strictly complied with.
4.5. If You are in any doubt as to whether information is material, You should disclose it.
5. INFORMATION ABOUT THE PROPOSED INSURANCE
5.1. We will take diligent and timely steps to implement Your instructions and, subject to an available insurance market, obtain an appropriate quotation for the risk. If any inability to fulfil Your instructions becomes clear to Us, We will bring this to Your immediate attention. If We consider it to be in Your best interests, We may, in appropriate circumstances, seek a quotation from Equinox Underwriting, the Underwriting Division of Price Forbes, which has underwriting authority for certain underwriters in respect of certain classes of business: if any part of the proposed security on a quotation is to be provided through Equinox Underwriting, this will be made apparent to You.
5.2. You should read the insurance quotation, and all subsequent insurance documentation received from Us, to ensure that You understand the terms, scope and effect of the (proposed) Insurance. Whilst We will explain to You the key features of the Insurance proposed, including the essential cover and benefits, any significant or unusual restrictions, exclusions, conditions or obligations and the period of the cover, and the consequences of non-compliance with them, it is Your responsibility to advise Us immediately, in writing, if there are aspects of the cover which You do not understand; or which You do not feel adequately meet Your instructions, requirements or needs.
5.3. It is particularly important that You understand the obligations imposed on You by terms expressed as warranties or conditions precedent or similar terms, since failure to comply strictly with them may result in a claim being rejected, even if the breach of warranty or condition precedent or like term does not cause any prejudice to the Insurers.
5.4. When We put up Insurers’ terms to You, We will ensure that they are accurately presented, but We cannot guarantee that the Insurers will necessarily write the risk on those terms since, under some systems of law, including English Law, the quotation does not constitute an “offer”.
6. PLACEMENT AND CONFIRMATION OF COVER
6.1. Instructions to bind cover must be received by Us in writing.
6.2. We will only place Insurance with Insurers who satisfy certain minimum criteria assessed by the leading rating agencies, or for whom You have given Us specific approval to use. Whilst the information upon which We rely is obtained from sources considered to be reliable, and We use all reasonable endeavours to review accurately that information in order to protect the interests of our clients, predictability of solvency cannot be, and is not, warranted or guaranteed by Us. The financial standing of any Insurer can, of course, change after the insurance contract has incepted. We do not warrant or guarantee (1) the on-going ability of any Insurer to meet their contractual obligations, (2) the solvency of any Insurer, nor (3) an Insurer’s compliance with the terms and conditions of any Insurance Business. The decision regarding the suitability of any Insurer, including but not limited to, the solvency, political risk or compliance with regulations to which You are subject, shall rest with You.
6.3. When We have bound cover, We will notify You in writing to that effect, and confirm the names of the Insurers with whom it has been placed.
6.4. You should not assume that any cover has been placed, or any amendment agreed to (even if the intended inception date has passed), unless and until You have received written confirmation from Us to that effect. In the event that the complete placement of a risk takes place over a number of days, We shall endeavour to report to You from time to time on the exact status of the placement.
7. CLIENT DOCUMENTATION
Evidence of Cover
7.1. We will provide to You in writing, in a timely manner, confirmation of (1) the terms of the insurance contract We have arranged and (2) the Insurer(s) with whom it has been placed. Such confirmation may, acc
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