Greg Standing
Other
Head of Enterprise Risk Management
Article
5
This article was originally published in the July 2015 issue of Motor Finance.
On 10 June, following consultation, the Financial Conduct Authority (FCA) published the final version of its rules on the sale of Guaranteed Asset Protection (GAP) insurance.
The rules will take effect from 1 September 2015 and firms will be expected to comply from that date. The rules will be incorporated into the Insurance: Conduct of Business sourcebook (ICOBS) at new chapter 6A and will apply to sales to consumer and commercial customers.
From 1 September, companies distributing add-on GAP insurance in connection with the sale of cars will be required to provide customers with prescribed information to help them shop around for a better deal and be more engaged when making decisions about the product. There will also be a deferral period (deferred opt-in) meaning GAP insurance cannot be introduced and sold on the same day.
The new ICOBS 6A.1.4R provides that:
As to the deferred opt-in, ICOBS 6A.1.6R provides:
Except as specified in ICOBS 6A.1.7R, a GAP contract cannot be concluded by a firm until at least two clear days have passed since the firm complied with ICOB 6A.1.4R.
ICOBS 6A.1.7R provides:
A firm can conclude a GAP contract the day after providing the information in ICOBS 6A.1.4R to a customer if the customer:
The list of prescribed information to be provided is not meant to be exhaustive and there is no specific format. The existing ICOBS requirements will also apply.
The new rules are aimed at addressing the FCA's concerns regarding the lack of competition in this market. It believes that by providing that the deferred opt-in period cannot be immediately waived, customers will have time to shop around for a cheaper alternative.
The FCA acknowledges that undue pressure may be asserted on customers to initiate the conclusion of the GAP contract and firms need to monitor their customer-initiated sales with this in mind.
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