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Terms of Business

HICKEY CLARKE & LANGAN GENERAL INSURANCES LTD.


TERMS OF BUSINESS


COMMUNICATION DETAILS


Name:     Hickey Clarke & Langan General Insurances Ltd t/a Hickey Clarke & Langan


Address:    Hegarty House, Ballymacool, Letterkenny, Co. Donegal


Telephone:    074 912 6688   Fax 074 91 24271           Email: info@hcl.ie                Website: www.hcl.ie


Hickey Clarke & Langan General Insurances Ltd is registered in the companies office under Company number 46031.

STATEMENT OF AUTHORISED STATUS

Hickey Clarke & Langan General Insurances Ltd t/a Hickey Clarke & Langan is regulated by the Central Bank of Ireland.

DESCRIPTION OF SERVICES PROVIDED

We will provide advice to clients in respect of non-life insurance products provided by Product Producers authorised to transact such business in the Republic of Ireland and with whom we hold a letter of appointment. The Product

Producers we transact business with are:

 

The services provided will include arranging insurance cover, dealing with administration of such insurance including policy/cover amendments, renewals and claims handling. We ensure that we act honestly, fairly and with due skill and diligence in the best interests of our customers and in the integrity of the market. In providing the services outlined above we will only advise on matters in which we are knowledgeable and will refer clients to specialists (e.g. solicitors, accountants, architects, engineers, loss assessors and the like) when necessary.

COMPENSATION SCHEME

We are members of the Investor Compensation Scheme established under the Investor Compensation Act, 1998.  This legislation provides for the establishment of a compensation scheme and to the payment, in certain circumstances, of compensation to clients of firms covered by the Act.  However, you should be aware that compensation will only arise where money or investment held by this firm on your behalf cannot be returned either for the time being or for the foreseeable future and where the client falls within the definition of eligible investor as contained in that Act.  In the event that a right to compensation is established, the amount payable is the lesser of 90 per cent of your loss which is recognised as being eligible for compensation or €20,000.

FINANCIAL INTEGRITY / MARKET SECURITY

We use both local and international insurers in order to obtain the best terms and conditions available in the market. We do not, and cannot, guarantee the solvency or ongoing solvency of any insurance company or product producer. We do not accept any liability in the event of an insurance company or product producer becoming insolvent and / or going into liquidation, failing to meet the customer’s expectations or in the case of failure of the insurance company’s performance.

COMPLAINTS PROCEDURE

If you have any complaints regarding the service you have received from us please refer such complaints to the Managing Director, Hickey Clarke and Langan General Insurances Ltd, Hegarty House, Ballymacool, Letterkenny, Co. Donegal. We will: acknowledge all written complaints received, in writing, within 5 days of receipt: conduct a thorough and fair investigation into all written complaints: provide a written update on the progress of such investigation at intervals of not greater than 20 business days: within 5 days of the completion of the investigation of a complaint advise you in writing of the outcome of the investigation. If you are not satisfied with the outcome of our investigation into the complaint they may refer the matter to the Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2.

REMUNERATION STRUCTURE

We are remunerated for services to our clients by commission paid by the product producer and/or by fees. The maximum fee charged in respect of personal lines insurance will be €50. The amount of any fee charged in addition to the premium will be disclosed separately.

SCALE OF FEES

Policy TypeNew BusinessRenewalsMid Term Alterations
Motor Maximum € Max € 100.00 Max € 100.00
Household Maximum € Max € 100.00 Max € 100.00
Farm Maximum € Max € 100.00 Max € 100.00
Tractor Maximum € Max € 100.00 Max € 100.00
Commercial Maximum 25% of premium Max 25% of premium Max € 100.00
Wedding Maximum € N/A Max € 100.00
Other Charges
Finance Service Charges uo to 10% on all Direct Debit Agreements
Replacement Documents € 20.00 (for former clients)
Direct Debit Defaults € 20.00
Brokerage fee is payable within the cooling off period

TREATMENT OF PREMIUMS RECEIVED

Section 25 G(1) and (2) of the Investment Intermediaries Act 1995 specifies the circumstances in which we are permitted to accept premiums. We will accept payments by cheque, cash, and credit card only in such circumstances.  Receipts will be issued in respect of each payment so received under Section 30 of the Investment Intermediaries Act 1995.  Such receipts provide you with important protection and should be retained, with all insurance documentation, in a safe place.

Premiums are payable prior to inception of cover and on or before renewal date in respect of policies falling due for renewal. Very strict rules apply under the Financial Regulation / Legislation governing payments of premiums to insurance companies. To avoid cancellation of any policy (ies) premiums must be paid prior to cover being arranged and at or prior to renewal date.

PREMIUM REBATES

Where a policy amendment or cancellation results in a premium rebate being due to you we will refund the premium to you within 5 working days of the rebate becoming due. The premium rebate becomes due to you once we have received the premium rebate from the insurer/product producer.

CONFLICTS OF INTEREST

We are independent of all the Product Producers with whom we transact business.  We have no affiliation of any kind with any Institution that would compromise our ability to offer our clients independent advice.  Our philosophy is to remain independent of all Product Producers because we believe that to do so is in the best interest of both our clients and ourselves.  In the unlikely event that our conflict of interest does arise we will ensure that our clients are fairly treated whilst discharging our obligations to the market.  We will endeavour to do so in a transparent and verifiable manner.

DEFAULT REMEDIES/PENALTIES

A Product Producer may cancel your insurance if you fail to pay premiums as agreed when arranging the insurance.  Should any such default occur during the first period of insurance (normally within 12 months of cover first being arranged) Insurers will apply short term rates which means you will not receive a refund on a pro-rata basis for the unexpired period of cover. In cases where minimum and deposit premiums apply (commonly imposed by Insurers from Employers and Public Liability Risks) no refund of premium will be allowed in the event of mid-term cancellation.

RIGHT OF WITHDRAWAL (COOLING-OFF PERIOD)

A consumer (as defined by S.I. No 853 of 2004) has the right to withdraw from an insurance policy (as defined by S.I. No 853 of 2004) within 14 working days of the start date of the policy without penalty and without giving any reason (provided no claims have been made or no incidents have occurred that might give rise to a claim). The right of withdrawal may be exercised by notice in writing to us quoting your policy number. Should this right be exercised the Insurance Company will charge a pro-rata premium for the period you are on cover. If the cover is motor insurance the premium cannot be refunded until the Certificate of Insurance and windscreen disc have been returned to us.

CANCELLATION 

You, the customer, can cancel your policy by notice in writing at any time. Provided that no incident giving rise to a claim has occurred in the current period of insurance you will be entitled to a proportionate return of the premium for the unexpired period of insurance. If you cancel the insurance during the first year (outside the cooling off period) short term rates may apply. Please refer to the terms and conditions contained in your policy document. In the case of cancellation of a motor insurance policy you, the customer, must return the certificate of insurance and windscreen disc to Hickey Clarke and Langan General Insurances Ltd. Insurance companies normally reserve the right to cancel policies at any time by giving appropriate sent to your last known address. Please refer to your policy terms and conditions for details.

GOVERNING LAW AND LANGUAGE

The laws of Ireland form the basis for establishing relations between you and Hickey Clarke and Langan General Insurances Ltd. All contracts, terms, conditions and communications relating to any policies you may enter into with this firm will be in English.

CALL RECORDING

All telephone calls, incoming and outgoing, are recorded.

DATA PROTECTION

Hickey Clarke & Langan General Insurances Ltd is a Data Controller as defined in the Data Protection Acts 1988 and 2003. We collect your personal details in order to provide the highest standard of service to you. We take great care with the information we obtain, taking steps to ensure that it is only used for legitimate purposes. To fulfil these objectives we may share information with other affiliated professionals. You have the right at any time to request a copy of any personal data within the meaning of the Data Protection Act 1988 (as amended or re-enacted from time to time) that our office holds about you and to have any inaccuracies in that data corrected.

CLAIMS

Policy conditions require you to notify insurers immediately of any claims or the occurrence of any incident that might give rise to a claim. It is essential that we are notified immediately of any such incidents and we will then deal with the matter on your behalf. Failure to do so could invalidate your insurance cover with the result that claims may not be paid, or indemnity refused, by your insurer. If you are in any doubt as to your duties regarding notification of claims please contact us and we will be happy to clarify any queries you may have. This is a very important aspect of your insurance policy cover/conditions.

DUTY OF DISCLOSURE

It is your responsibility to provide complete and accurate information for insurers when arranging an insurance policy, throughout the period the policy is in force, and when you are renewing it. It is important that you ensure that all information provided and all statements made on proposal forms, claim forms and other documents are complete and accurate to the best of your knowledge and belief. Failure to disclose any material information could invalidate your insurance and result in all or part of a claim not being paid.

HICKEY CLARKE & LANGAN GENERAL INSURANCES LTD

                              Oct 2020