International Complaints Handling: New Procedures in Italy. To advise of new complaints handling arrangements for Italy

Transcription

1 market bulletin Ref: Y5041 Title Purpse Type Frm Internatinal Cmplaints Handling: New Prcedures in Italy T advise f new cmplaints handling arrangements fr Italy Event Paul Brady Head f Market Cnduct Date 30 Nvember 2016 Deadline Related links Immediate This bulletin sets ut updated requirements fr the handling f Italian cmplaints. It replaces Market Bulletin Y4943. Italy is in-scpe fr Llyd s arrangements fr internatinal cmplaints handling as set ut in Market Bulletin Y4961. Therefre managing agents shuld take steps t cmply with the prcedures set ut in that bulletin. In additin, managing agents are asked t nte and cmply with the additinal requirements fr Italian cmplaints handling set ut in this bulletin. In particular, these requirements relate t: Insurance agents enrlled in Italy in Sectin A f the Register f Intermediaries; and The rle f Llyd s Italian ffice (LIO). Llyd s updated requirements fr Italian cmplaints handling take int accunt Prvisin N. 30 f March 2015 and Prvisin N. 46 f May 2016 amending ISVAP Regulatin N. 24 f 19 May These Prvisins were issued by IVASS t intrduce new rules fr the handling f cmplaints in Italy. Page 1 f 3 Llyd s is authrised under the Financial Services and Markets Act 2000

2 MARKET BULLETIN Agents enrlled in Sectin A f the Register f Intermediaries In additin t cmplaints against underwriters, insurers in Italy (including Llyd s syndicates) are nw als respnsible fr dealing with cmplaints made against their insurance agents when they are acting n their behalf and where the agent is registered in Sectin A f the Register f Intermediaries. In the cntext f the Llyd s market, this means cmplaints made against cverhlders and OMCs in Italy that are registered in Sectin A f the Register f Intermediaries. The Register f Intermediaries is available n the IVASS website. Accrdingly, managing agents must engage with these agents t ensure that they have prcesses in place t supprt cmpliance with Llyd s arrangements fr cmplaints handling. In particular managing agents must ensure that these agents are able t and will reprt all relevant infrmatin prmptly t managing agents. New cmplaints received by agents must be ntified t managing agents within 48 hurs. Where managing agents have authrised an agent registered in Sectin A f the Register f Intermediaries t handle cmplaints, it remains the respnsibility f the managing agents t ensure that Llyd s cmplaints requirements, and requirements under lcal regulatins, are cmplied with. Nte that cmplaints made against insurance intermediaries that are nt registered in Sectin A f the Intermediaries Register remain the respnsibility f that intermediary and are nt the respnsibility f Llyd s underwriters. Accrdingly, such cmplaints are utside the scpe f Llyd s prcedures fr cmplaints handling. Fr such insurance intermediaries, managing agents are nly respnsible fr handling the cmplaint where the cmplaint is against underwriters. The rle f Llyd s Italian ffice (LIO) Under Llyd s updated prcedures, LIO will n lnger prvide respnses t cmplaints n behalf f Llyd s underwriters. This is nw a matter fr managing agents (r their cverhlders/tpas). Accrdingly, all cmplaints received by LIO will be frwarded within ne wrking day t the relevant managing agent t respnd t. Nevertheless, Llyd s requires managing agents t keep LIO infrmed f cmplaints as fllws: Managing agents must ntify new cmplaints t LIO within 48 hurs f receipt. A cpy f the riginal cmplaint must be included. LIO will take respnsibility fr ntifying the cmplaint (and prviding the riginal cmplaint) t Llyd s Cmplaints team within 14 days frm riginal receipt f the cmplaint. There is therefre n requirement in Italy fr managing agents t ntify new cmplaints t the Llyd s Cmplaints team. A cpy f the final respnse t the cmplainant must be sent t LIO and Llyd s Cmplaints team within 48 hurs. Page 2 f 3

3 MARKET BULLETIN Further guidance n Italian cmplaints handling T assist managing agents with the handling f Italian cmplaints, Llyd s has prduced: A summary prcess map fr Italian cmplaints handling at Llyd s, where the cmplaint has nt been referred by IVASS see Appendix 1 A summary prcess map fr Italian cmplaint handling at Llyd s, where the cmplaint has been referred by IVASS see Appendix 2 A detailed guidance nte Llyd s Internatinal Cmplaints Italy see Appendix 3 Summary details f Italian requirements fr cmplaints handling see Appendix 4 Further Infrmatin Any questins regarding the arrangements fr cmplaints handling at Llyd s can be sent t the Llyd s Cmplaints team by at: cmplaints-enquiries@llyds.cm. Alternatively, managing agents can cntact the Cmplaint Handling Helpline n Cpies f all relevant material including full details fr all in-scpe cuntries can be fund at Page 3 f 3

4 Appendix 1 Internatinal Cmplaints Prcess Italy Cmplaints nt ntified by IVASS Insured, beneficiary r third party wishes t make a cmplaint under Prvisin N. 30 r Prvisin N. 46 Cmplaint is received by Agent enrlled in sectin A f the register f intermediaries (cverhlder r OMC) and reprted t managing agent within 48hrs. The Agent will ntify the cmplainant that it has dne this. Cmplaint is reprted t LIO preferably using Llyd s template and a cpy f the riginal cmplaint is prvided Cmplaint is made t LIO Managing agent r their representative investigates the cmplaint LIO frward cmplaint t managing agent within 1 wrking day Respnse issued within 45 days f receipt by managing agent r their representative prviding escalatin rights t IVASS and cpied t LIO and Llyd s Cmplaints LIO ntify Llyd s Cmplaints team within 14 days f riginal receipt f the cmplaint using Llyd s ntificatin template and prviding a cpy f the riginal cmplaint Fr cmplaints made against insurance agent, cpy respnse send t the Agent with details f crrective actin required

5 Appendix 2 Internatinal Cmplaints Prcess Italy Cmplaints ntified by IVASS Cmplaint has been escalated t IVASS and an IVASS reference number exists LIO advised Llyd s Cmplaints team that a cmplaint has been escalated t IVASS LIO manages the cmplaint and arrange fr respnse LIO issues respnse t IVASS LIO infrms Llyd s Cmplaints team f the final utcme

6 Appendix 3 Cmplaints Nvember 2016 Llyd s Internatinal cmplaints - italy Handling Italian Cmplaints at Llyd s: Guidance fr managing agents and their representatives This guidance nte prvides a practical prcess fr handling cmplaints received frm cmplainants in Italy. Where cmplaints arise cmplainants shuld expect t have their cmplaint dealt with in a prmpt and reasnable way. At the same time, different cuntries have different lcal rules fr the handling f cmplaints. Llyd s revised arrangements fr internatinal cmplaints will allw fr better versight f the handling f cmplaints utside f the UK, cnsistent with the regulatry expectatins f the Financial Cnduct Authrity (FCA), whilst allwing flexibility fr managing agents in the way they handle cmplaints. Managing agents shuld ensure they are able t cmply with lcal regulatins in Italy as well as Llyd s requirements fr handling cmplaints in that territry. Any questins shuld be directed t the Llyd s Cmplaints team. Nte: This nte is nly intended t prvide summary guidance. It is imprtant that managing agents cntinue t refer t Crystal fr territry specific cmplaints regulatins, including fr Italy. Fr Italy, this includes requirements fr insurers t handle cmplaints made against their agents when they are acting n their behalf and where the agent is registered in Sectin A f the Register f Intermediaries. Fr mre infrmatin abut Internatinal Cmplaints Handling at Llyd s please refer t Prcess t be fllwed fr handling Italian cmplaints Managing agents must have prcedures in place that allw cmplaints t be made in writing. The definitin f a cmplaint in Italy is: A statement f dissatisfactin in written frm with an insurance undertaking, an insurance intermediary r an intermediary registered in the annexed list [insurance intermediaries authrised and regulated in anther EEA member state that have passprted int Italy] relating t an insurance cntract r service; enquiries, requests fr clarificatins, claims fr damages r requests fr the perfrmance f the cntract shall nt be cnsidered cmplaints. Llyd s cmplaints Page 1 f 5

7 LLOYD'S INTERNATIONAL COMPLAINTS It is the respnsibility f managing agents t handle all internatinal cmplaints apprpriately and ensure they are cmpliant with all relevant lcal rules. This includes any requirement t acknwledge cmplaints, prvide infrmatin t the cmplainant and meet applicable time limits. The Agent must advise the cmplainant that their cmplaint has been passed t the insurer. Managing agents r representatives must reprt a cmplaint t the Llyd s Italian ffice (LIO) within 48 hurs f receipt. This includes, but is nt limited t all cmplaints that are subject t the lcal regulatry cmplaint handling rules r where the cmplainant has a right f referral t IVASS. - There is n need t include cmplaints which were brught t the attentin f the managing agent by Llyd s. - There is n requirement fr a nil return where n cmplaints are received. - Fr plicies r binding authrities where there is mre than ne syndicate participating, Llyd s expects the lead syndicate t ntify the cmplaint. Managing agents must include the riginal cmplaint when reprting cmplaints t LIO and preferably they shuld als use the template prvided by Llyd s althugh this is nt mandatry. If used the Ntificatin Template shuld be dwnladed frm and sent nce cmpleted via t: servizireclami@llyds.cm r servizireclami@pec.llyds.cm (certified ) The fllwing table explains hw t cmplete the Internatinal Cmplaint Ntificatin template. Cmpletin f all fields is mandatry, with the exceptin f the Address field. Managing agents shuld ensure that they prvide the infrmatin in a way that is cmpliant with the applicable data prtectin laws. Field Submitting cmpany Cverhlder Third Party Administratr (TPA) Plicyhlder Surname Plicyhlder Cmpany Name Third party claimant (individual) Third party claimant (cmpany) Cmments This is the name f the managing agent r its representative wh is cmpleting and submitting the template. If the plicy was bund by a cverhlder, select the cverhlder name frm the drp dwn list. If a TPA is invlved, select the TPA name frm the drp dwn list. This is the surname f the insured individual. Either the plicyhlder surname r Plicyhlder cmpany name field must be cmpleted. This is the surname f the insured entity. Either the plicyhlder surname r Plicyhlder Cmpany Name field must be cmpleted. Name and surname f the individual (persn) filing the cmplaint Name f the cmpany filing the cmplaint Llyd s cmplaints Page 2 f 5

8 LLOYD'S INTERNATIONAL COMPLAINTS Address (Optinal) Pst Cde Plicy Number Plicyhlder Lcatin Date Received Cmplaint Cde Class f Business Placement Type Syndicate Number Rt Cause Insert a crrespndence address fr the cmplainant. The pstcde, mailing cde, zip cde, etc. fr the plicyhlder. Please ensure that the Plicy Number detailed n the spreadsheet is referenced n the cmplaint respnse. The territry in which the insured is lcated. Select frm drp dwn list. Insert the date the cmplaint was first received by the managing agent r its representative. Fr example where the cmplaint was initially received by a cverhlder wh subsequently ntifies the managing agent f the matter the date the cmplaint was first received by the cverhlder shuld be entered. Select frm drp dwn list. Select frm drp dwn list. Select frm drp dwn list. Lead syndicate n the cverage. Select frm drp dwn list. Cmplaints will be entered nt the cmplaints mnitring database by Llyd s t enable effective mnitring and regulatry reprting. Managing agents must als keep their wn recrd f each cmplaint received and the measures taken fr their reslutin. Llyd s reserves the right t review and take ver crdinating the respnse t individual cmplaints where, in the view f Llyd s, this is apprpriate in all the circumstances, including t meet lcal regulatry expectatins f Llyd s. Respnse t cmplainant In all cases a written respnse must be sent t the cmplainant by the regulatry deadline. Where the cmplainant is in Italy, a respnse shuld be sent in Italian, within 45 days f the cmplaint being received. Respnses must utline the right f the cmplainant (where applicable) t refer their cmplaint t IVASS. The letter shuld set ut details f any redress r remedial actin being ffered. Redress includes: Payments t put the cmplainant back int the psitin the cmplainant shuld have been in had the act r missin cmplained abut nt ccurred, including any claim payments Amunts paid fr distress and incnvenience Llyd s cmplaints Page 3 f 5

9 LLOYD'S INTERNATIONAL COMPLAINTS Gdwill payments and gdwill gestures Interest n delayed settlements Waiver f any excess A cpy f the respnse must be ed t bth LIO at servizireclami@llyds.cm r servizireclami@pec.llyds.cm (certified ) and the Llyd s Cmplaints team internatinalcmplaints@llyds.cm within 48 hurs f the respnse being issued. The cvering shuld cnfirm the rt cause f the cmplaint, selecting the main reasn frm: Claim cverage / terms and cnditins Claim custmer service Claim - delay Claim quantum Claim standard / duratin / delay f repair Cancellatin / refund Custmer service nn-claims related Prduct suitability Other (we wuld expect this ptin t be rarely used) Underwriting / Premium Issues Fr cmplaints made against the insurance agent, a cpy f the respnse must be sent t the insurance agent tgether with details f any crrective actin that they need t take in rder t remve the cause f the cmplaint. Llyd s Cmplaints team will mnitr each cmplaint against Key Perfrmance Metrics t ensure: the respnse t the cmplaint addresses all issues raised regulatry deadlines are cmplied with IVASS escalatin rights are prvided t the cmplainant Failure t (1) prvide a cpy f the riginal cmplaint, (2) issue a respnse within the required timeframe, (3) prvide a cpy f the respnse t Llyd s Cmplaints team, (4) prvide crrect and cmplete IVASS rights, r (5) cnfirm the rt cause f the cmplaint will incur an Additinal Administratin Fee charge. Referral t the Supervisin f Insurance (IVASS) Cmplainants may refer their cmplaint t the Institute fr the Supervisin f Insurance (IVASS) 45 days after submitting the cmplaint t the insurer r fllwing receipt f an unsatisfactry respnse. Managing agents r their representatives must infrm LIO and Llyd s Cmplaints team as sn as they are aware that a cmplaint has been referred t IVASS. LIO will crdinate the handling cmplaints referred t IVASS and will be respnsible fr issued a respnse t IVASS. Llyd s cmplaints Page 4 f 5

10 LLOYD'S INTERNATIONAL COMPLAINTS When the IVASS prcess has been cncluded a cpy f the utcme must be prvided t Llyd s Cmplaints team. Llyd s will als require cnfirmatin as t whether the decisin is being accepted r rejected. FCA cmplaints return Every six mnths, Llyd s is required t submit a return t the FCA, detailing the number f cmplaints received, hw quickly they were reslved, hw many were upheld in the perid and the amunt f redress paid. Managing agents will be required t cnfirm, n request, that they (and anybdy acting n their behalf) have ntified Llyd s f all cmplaints received by them. Llyd s cmplaints Page 5 f 5

11 Appendix 4 Internatinal Cmplaints Handling at Llyd s: Italy Definitin f a Cmplaint Definitin f a cmplainant Applicatin f Llyd s prcedure and lcal cmplaint regulatins Timescale A statement f dissatisfactin in written frm with an insurance undertaking, an insurance intermediary r an intermediary registered in the annexed list [insurance intermediaries authrised and regulated in anther EEA member state that have passprted int Italy] relating t an insurance cntract r service; enquiries, requests fr clarificatins, claims fr damages r requests fr the perfrmance f the cntract shall nt be cnsidered cmplaints. A subject [individual persn r legal entity] entitled t file a cmplaint with the insurance undertaking, fr example, the plicyhlder, the beneficiary r third party. All insurance plicies written n a freedm f services r establishment basis. A prmpt acknwledgement f the cmplaint (48 hurs) A respnse shuld be sent within 45 days f the cmplaint being received. EDR Scheme and Eligibility Institute fr the Supervisin f Insurance (IVASS) Tel: Calls frm abrad IVASS will deal with cmplaints made by individual persns r legal entities in respect f plicies underwritten at Llyd s. All crrespndence with IVASS will be c-rdinated by Llyd s Italian Office. Lcal Regulatry Reprting Requirements Llyd s Cmplaint Ntice Six mnthly reprting IVASS by LIO LSW1862. This cmplaints ntice has been included in the pre-cntractual infrmatin bklets LSW1694F, LSW1695F and LSW1696F. LSW1862 must be included in the pre-cntractual infrmatin and plicy dcuments issued t all plicyhlders in Italy, including plicies written under binding authrity agreements. These wrdings are available n the Llyd s Wrdings Repsitry in English r Italian and referenced in the Precntractual ntificatin and Insurance dcuments sectins f Crystal.