The Market Reform Lineslip Guidelines October 2006 The Market Reform Lineslip Table of Contents 1. Introduction.................................................................................................................. 3 2. Scope .......................................................................................................................... 3 3. Out of Scope ............................................................................................................... 3 4. The Franchise Board Mandate .................................................................................... 3 5. Enforcing & monitoring the use of the Lineslip ............................................................ 4 6. Variations to the Lineslip ............................................................................................. 4 7. Structure of the Lineslip ............................................................................................... 4 7.1 Panel 1 removal ........................................................................................................... 5 7.2 General ........................................................................................................................ 6 7.3 Contract Details Section ............................................................................................... 7 7.4 Subscription Agreement Section .................................................................................. 7 7.5 Fiscal and Regulatory Section...................................................................................... 7 7.6 Security Details Section ............................................................................................... 7 8. Declarations ................................................................................................................ 8 9. Further Information ...................................................................................................... 8 APPENDIX A – Market Reform Lineslip ............................................................................. 9 APPENDIX B – FSA Client Classification Headings Defined ........................................... 27 APPENDIX C – Expert Fees Collection ............................................................................ 28 APPENDIX D – Hold Cover Provisions ............................................................................ 29 APPENDIX E – Line Conditions ....................................................................................... 30 APPENDIX F – Unique Market Reference Guidance ....................................................... 32 APPENDIX G – Guide to Order Hereon ........................................................................... 33 Page 2 of 33 The Market Reform Lineslip 1. Introduction The LMP Lineslip was introduced in June 2005 and was mandated by the Lloyd’s Franchise Board for Lineslip business incepting from the 1 October 2005 (for reference see the LMP Lineslip June 2005. This Market Reform Lineslip October 2006 replaces the LMP Lineslip June 2005. These guidance notes have been updated to reflect changes in the exemptions to the mandate, regulatory changes, and feedback from the market. The changes made in this version of the Lineslip are designed to align it with the Contract Certainty Code of Practice guidance issued by the Market Reform Group (MRG). This document sets out details of the Lineslip and defines the business that falls within the scope of the Lloyd’s Franchise Board mandate. 2. Scope Lineslips are used by Brokers for example to access a group of Insurers who wish to delegate their authority to enter into contracts of insurance to another Insurer in respect of business introduced by a Broker named in the agreement1. The Market Reform Lineslip should be used for the following: All Lineslips placed by London Market Brokers where the Lineslip falls within the definition of London Market Business as specified in the Contract Certainty Code of Practice issued by the MRG. N.B Some practitioners use the term “Marine Covers” to describe Lineslips for Marine business where there is no common insured across the declarations bound. These are Lineslips and must follow the Lineslip guidelines. 3. Out of Scope The Market Reform Lineslip must not be used for: Binding Authorities as these have separate guidelinesRefer to http://www.marketreform.co.uk/Binding_pubs1.htm Marine Open Cargo Covers and Declarations attaching thereto. A Marine Open Cargo Cover is held by an insured where such Insured has or is expected to acquire, an insurable interest in each declaration bound. Declarations or Offslips attaching to Lineslips as these must follow the Market Reform Slip June 2006 guidelines. 4. The Franchise Board Mandate The Franchise Board has prescribed the following standards and arrangements for the conduct and administration of insurance business at Lloyd’s provided always that failure to comply with these standards and arrangements shall not invalidate or call into question any contract or agreement entered into by or on behalf of a managing agent or syndicate nor shall failure to comply with these standards and arrangements create any right of action or claim in any third party against a managing agent or syndicate, the authority to enforce compliance being exclusively vested in the Franchise Board – Where a Lloyd’s syndicate participates on the Lineslip, the business must be introduced by a named Lloyd’s Broker. 1 Page 3 of 33 The Market Reform Lineslip (a) as from 2nd January 2004, a managing agent shall not permit the syndicate stamp of a syndicate managed by it to be affixed to any slip which relates to a contract or contracts of insurance unless – (i) (ii) (iii) the slip is in the format, from time to time issued by the MRG and the information contained in the slip has been properly completed in accordance with the relevant guidelines issued by the MRG the slip is marked “Market Reform Slip Exempt – Client Requirement”; or the slip relates to motor business, personal lines business or term life insurance business and the slip will not be processed by LPSO Limited; (b) as from 28th October 2004, a managing agent shall not permit the syndicate stamp of a syndicate managed by it to be affixed to any binding authority unless the slip has been completed in accordance with the relevant slip guidelines from time to time issued by the MRG. (c) as from 1st October 2005, a managing agent shall not permit the syndicate stamp of a syndicate managed by it to be affixed to any Lineslip unless the Lineslip has been completed in accordance with the relevant Lineslip guidelines from time to time issued by the MRG. This means that: a) Lineslips cannot be marked as “Client Exempt”; and b) Declarations off Lineslips can only be marked as “Client Exempt” if required by the client. 5. Enforcing & monitoring the use of the Lineslip The Market Reform Programme Office (MRPO), in co-operation with the LMBC, the IUA and the LMA, is in continuous dialogue with firms about improving quality, with the aim of providing education and guidance to improve market standards. 6. Variations to the Lineslip The following are valid variations to the Lineslip as incorporated into this document. 6.1 The order of Lineslip headings in the CONTRACT DETAILS section is not fixed. 6.2 There will be contract specific Lineslip headings that will need to be incorporated into the Lineslip to allow for any unusual or additional CONTRACT DETAILS as deemed necessary. 7. Structure of the Lineslip Previous versions of the Lineslip consisted of three distinct “Panels” of information namely:Panel 1 Panel 2 - Panel 3 - Data Form for bureau processing Four separate sections namely CONTRACT DETAILS, SUBSCRIPTION AGREEMENT, INFORMATION and FISCAL AND REGULATORY Insurer security details As part of the ongoing market reform to standardise the placing process it has been agreed to remove Panel 1 from all Market Reform Lineslips. To simplify the structure of the Lineslip the concept of Panels has been dropped and there are now five distinct Page 4 of 33 The Market Reform Lineslip sections. What was called Panel 3 now becomes the SECURITY DETAILS section. This structure is shown in the diagram below. OLD LMP LINESLIP STRUCTURE PANEL 1 PANEL 2 CONTRACT DETAILS MARKET REFORM LINESLIP STRUCTURE PANEL 3 CONTRACT DETAILS SUBSCRIPTION AGREEMENT SUBSCRIPTION AGREEMENT INFORMATION INFORMATION FISCAL & REGULATORY FISCAL & REGULATORY SECURITY DETAILS Some contracts have previously required an additional Panel 1 form to be produced, known as LPO301B forms for more complex bureau processing. These are no longer required. However, Brokers should continue to provide LPO208 forms as necessary where current market practice requires their use 7.1 Panel 1 removal The data from Panel 1 can be categorised into:A) B) C) Data that can be incorporated in existing Lineslip headings. Data that is required and will be captured in new/additional headings within the body of the Lineslip; and Data that is obsolete. A: Incorporate data in existing Lineslip headings Current Panel 1 Data Items Unique Market Reference Policy Number Gross Premium B: Already Captured Under Heading Name Lineslip section Unique Market Reference Contract Details Unique Market Reference or Lineslip Reference Premium Contract Details Contract Details Incorporate data in new/additional Lineslip headings Current Panel 1 Data Items Written Lines Heading Name Basis of Written Lines Order/Closed For Settlement Due Date Risk Codes Order Hereon Settlement Due Date Risk Codes Page 5 of 33 Now Becomes Lineslip section Subscription Agreement Contract Details Subscription Agreement Fiscal and Regulatory The Market Reform Lineslip C: Obsolete Panel 1 data Current Panel One Data Item Reason why data is obsolete Assured/ Reassured Account Currency Slip Registration Binding Authority Registration Number and Date TOC Tribunal Adjustable Scheme Indicator USB/NUS/US VAT Code DTI Code Serial Number Certificate Numbers EC-CCI/ Establishment/Services/NA Brokers Cover Number Gross Premium (War) CPA Indicator (War) Bureau Scheme Number Bureau Signed line shares Reference Number Overseas Broker Country of origin DEF ADJ 7.2 As there are many different Assureds/Reassureds under a Lineslip this heading is not required. This information was an unnecessary repetition of the currency of the premium already shown in the Lineslip. Slip Registration scheme no longer active. Not applicable for Lineslips The tribunal has now disbanded. Not applicable for Lineslips No longer required Information not required from Broker Information no longer required. Reference field not used. Information no longer required. No longer an EU regulatory requirement. UMR is primary reference. Other references such as this do not need to be advised to the bureau or Insurers. All premiums are shown under the PREMIUM heading. Where applicable, a CPA clause will be shown under CONDITIONS heading. Xchanging already have this information in their enquiry systems thus do not do need Broker to quote it. The totals for each bureau will no longer be required as these will be calculated by XIS Majority of Brokers never use it and those that do confirmed that they do not need it in the Lineslip. As there may be many different Overseas Brokers under a Lineslip this heading is not required. As this is likely to vary by Declaration this heading is not required. No premium will be paid via bureau deferred scheme hence, irrelevant heading. No final adjustment of premium hence, irrelevant heading. General There are five separate sections called CONTRACT DETAILS, SUBSCRIPTION AGREEMENT, INFORMATION, FISCAL & REGULATORY and SECURITY DETAILS. The inclusion of the Contract Details heading in the Lineslip is optional, not the content. The other four section headings must be included. Standard headings exist for the Subscription Agreement, Fiscal and Regulatory and Information sections. The Subscription Agreement section headings must not be changed, deleted, reordered or added to in any way. Furthermore the Subscription Agreement section must not include any additional headings. Where monetary amounts are stated on the Lineslip the currency must be clearly and unambiguously identified and should not use symbols such as “£” or “$”. A commonly accepted way of achieving this is to use the relevant three letter ISO currency code, e.g. USD. A Lineslip must not include any terms which are unspecific or create ambiguities, for example any TBA’s (To Be Agreed/Advised). It is a requirement for Contract Certainty that there is agreement of all terms between the insured and Insurers before the Page 6 of 33 The Market Reform Lineslip 7.3 Contract Details Section 7.4 Insurers must not delete the Subscription Agreement section of the Lineslip or use Stamp Conditions that specify “No Subscription Agreement” or “Ex Subscription Agreement” or similar. If there are particular provisions Insurers do not wish to apply to them, these can be explicitly stated against the relevant Subscription Agreement heading or in exceptional circumstances not catered for in the Subscription Agreement, be specified as a Line Condition. Refer to Appendix E for guidance. The General Underwriters Agreement (GUA) must not be used on Lineslips or declarations off Lineslips. Fiscal and Regulatory Section 7.6 During placing the Broker and Insurers must ensure that the Lineslip clearly states all the contract terms, references or attaches all Registered Wording and Registered Clauses where used and attaches all bespoke and non-Registered Wording and nonRegistered Clauses in full. Standard Lineslip provisions must be relevant to the risk or the administration of that risk. The heading Signing Provisions is now a mandatory heading to be completed on all Lineslips and has been moved to the Contract Details section. Any variation of signed lines resulting from these signing provisions will need to be the subject of documented agreement of the parties to the contract i.e. Brokers and Insurers. The use of the instruction “Line to Stand” or equivalent is valid. The use of any other signing instructions, e.g. “X% to sign Y%” leads to ambiguity and must be avoided. Subscription Agreement Section 7.5 Insurer formally commits to the contract. However if declarations are likely to differ greatly from each other and therefore terms can not easily be specified on the Lineslip it is permissible to put words similar to “to be agreed each and every insurance bound”. Where a non-registered/non-standard wording is agreed in the Lineslip a copy of the agreed wording must be submitted to Xchanging Ins-sure Services with each insurance bound if and when applicable. Additional headings have been incorporated in the Fiscal and Regulatory section to accommodate additional regulatory information required as a result of Panel 1 becoming obsolete. Security Details Section The Contract Certainty Code of Practice requires Insurers to phase out the use of Stamp and Line Conditions and accordingly these should be phased out during 2006. Stamp Conditions should be removed and recorded elsewhere, as per the guidance in Appendix E. Only certain Line Conditions that are relevant to the risk and cannot be specified elsewhere may remain in the Security Details section after the implementation period has elapsed. If Line Conditions are still necessary they must not contain acronyms or abbreviations but should state the condition in full, for example “No LOC” should be stated “No Letters of Credit”. For further guidance refer to Appendix E. A detailed definition of the mandatory headings required in each section of the Lineslip can be found in Appendix A. Page 7 of 33 The Market Reform Lineslip 8. Declarations Declarations off Lineslips should follow the Market Reform Slip guidelines for open market (refer to. http://www.marketreform.co.uk/slip_documentation1.htm) The General Underwriters Agreement (GUA) must not be used for Declarations off Lineslips. Endorsements should be agreed by the same agreement parties that agreed the Declaration off the Lineslip. Where an endorsement makes a change that, in the opinion of the agreement parties, may impact all Insurers the agreement parties should refer the endorsement to all Insurers. For example an endorsement may add an additional class of business which some Insurers may not be able to or wish to underwrite. The UMR and LPSO Signing number and date for the Lineslip must be shown clearly on the Declarations off the Lineslip. Each Declaration off the Lineslip must have a separate UMR A Declaration off a Lineslip should not contain open market lines unless expressly permitted by the Lineslip. All Declarations off Bulking Lineslips with one or more subscribing Lloyd’s Insurer(s) must be submitted to XIS for Stage 2 signing. All Declarations off Non-Bulking Lineslips with one or more subscribing Lloyd’s Insurer(s) must be submitted to XIS for Stage 1 and Stage 2 signing 9. Further Information For further information on the Market Reform Lineslip or any of the other market reforms please contact: Type of Query General Queries Brokers Lloyd’s Insurers IUA Insurers Contact Steve Hulm – MRPO Tel: 020 7327 5249 Fax: 020 7327 5227 Email: steve.hulm@lloyds.com Mark Knight – LMBC Tel: 020 7397 0252 Fax: 020 7626 0564 Email: mark.knight@lmbc.co.uk Adrian Graham - LMA Tel: 020 7327 8378 Fax: 020 7623 9390 Email: adrian.graham@lloyds.com John Hobbs – IUA Tel: 020 7617 4445 Fax: 020 7617 4440 Email: john.hobbs@iua.co.uk Page 8 of 33 Address Gallery 7 Lloyd’s 1 Lime Street LONDON BIBA House 14 Bevis Marks LONDON Suite 1085 Lloyd’s 1 Lime Street LONDON Suite 7 LUC 3 Minster Court LONDON The Market Reform Lineslip APPENDIX A – Market Reform Lineslip CONTRACT DETAILS LINESLIP STRUCTURE LINESLIP EXAMPLE UNIQUE MARKET This reference can be incorporated as a separate heading or as a header on each page REFERENCE: Unique Market Reference: B0123ABC1234 TYPE: The type of Lineslip, either Bulking or NonBulking. TYPE: Non-Bulking Lineslip/ Bulking Lineslip* (* Delete as applicable) FORM FOR EACH INSURANCE BOUND: The NMA reference or other identification of the policy jacket. Where this is the same on each insurance bound it can be specified here. Where it is likely to vary by declaration “As agreed by the agreement parties for each insurance bound” should be stated FORM FOR EACH INSURANCE BOUND: As agreed by the agreement parties for each insurance bound LINESLIP REFERENCE: The Lineslip reference used by the Broker to identify the Lineslip. This can be a number or a name. If this is the same as the UMR then this heading may be omitted. LINESLIP REFERENCE: DEF1 of the Lineslip. It is used to distinguish individual insurance contracts. It must start with “B” followed by the Lloyd’s Broker number and then a unique reference which cannot have more than 12 alphanumeric characters. Refer to Appendix F for guidance on correct completion. Page 9 of 33 The Market Reform Lineslip LINESLIP STRUCTURE BROKER: AUTHORISED CLASSES OF BUSINESS AND COVERAGES: EXCLUSIONS WITHIN THE AUTHORISED CLASSES OF BUSINESS AND COVERAGES: LINESLIP EXAMPLE The name and address of the Broker responsible for placing the Lineslip and administering the Lineslip. Where the Lineslip may be used by other Brokers this should be specified. The authorised classes of business and coverages that may be accepted under the Lineslip. Any exclusions that apply to the classes of business and coverages specified in the previous heading. Page 10 of 33 BROKER: AUTHORISED CLASSES OF BUSINESS AND COVERAGES: EXCLUSIONS WITHIN THE AUTHORISED CLASSES OF BUSINESS AND COVERAGES: XYZ Broker Ltd 123 Wickley Road London United Kingdom L20 1MP Commercial Property Excluding terrorism perils The Market Reform Lineslip LINESLIP STRUCTURE PERIOD: EXTENSIONS OF PERIOD OF LINESLIP: LINESLIP EXAMPLE The Period of the Lineslip. This should be specified on a “risks attaching basis” and must include the inception date and time of day, expiry date and time of day and the time zone. As an alternative to specifying the time of day it is acceptable to specify both days inclusive, although the time zone is still required. Where a Lineslip accepts business from anywhere in the world then the phrase “Any Time Zone” is acceptable. Lineslips should be for no more than 12 months from inception. However, subject to the agreement of the agreement parties specified under “Basis of Agreement to Lineslip changes”, it is possible to extend the period of the Lineslip, but in no event should it exceed 18 months from inception. For Lineslips where specific dates of inception or expiry are not known, for example voyages, constructions and sporting events, the specific events dictating the period must be stated. The extent and duration of any extensions to the period of the Lineslip that may be given and who needs to agree such extensions. The agreement parties for such extensions in period are to be shown under the “Basis Of Agreement To Lineslip Changes” heading in the Subscription Agreement section. Page 11 of 33 PERIOD: Risks attaching during the period: From: 1st June 2006 To: 31st May 2007 Both days inclusive any time zone. EXTENSIONS OF PERIOD OF LINESLIP: This Lineslip may be extended for a period of up to XX months subject to the agreement of the agreement parties specified under Basis Of Agreement To Lineslip Changes. The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE MAXIMUM PERIOD OF EACH INSURANCE BOUND: The maximum duration of any Declaration off a Lineslip including any provisions for odd time and extensions. The agreement parties for such extensions must be shown under the “Agreement Parties for Each Insurance Bound” heading in the Subscription Agreement section. MAXIMUM PERIOD OF EACH INSURANCE BOUND: ORDER HEREON Slip closings i.e. whether the signed lines are percentages of the whole or percentages of the slip’s order. The percentage of slip order also needs to be clearly specified. This heading should be completed in the format X% of Y%. Both percentages must be completed on all contracts. Refer to Appendix G for guidance on correct completion. ORDER HEREON: MAXIMUM LIMITS OF LIABILITY/ SUMS INSURED FOR EACH INSURANCE BOUND: The maximum limits of Liability/Sums Insured for each insurance bound. MAXIMUM LIMITS OF LIABILITY/ SUMS INSURED FOR EACH INSURANCE BOUND: MAXIMUM AGGREGATE LIMIT(S) The maximum aggregate limits for all insurances bound. MAXIMUM Maximum GBP XX,XXX,XXX AGGREGATE LIMIT Page 12 of 33 No insurance shall be bound for a period greater than XX months plus odd time, not exceeding XX months in all plus any extensions as may be agreed by the agreement parties for each insurance bound. 100% of 100%. Maximum GBP XX,XXX,XXX each and every loss each insurance bound. The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE TERRITORIES FROM WHICH EACH INSURANCE MAY BE BOUND: The country of domicile of the insureds that may be bound. TERRITORIES Anywhere in the world FROM WHICH EACH INSURANCE MAY BE BOUND: TERRITORIAL LIMITS OF EACH INSURANCE BOUND: The territories and geographical limits of each insurance bound. TERRITIORIAL LIMITS OF EACH INSURANCE BOUND: Anywhere in the world CONDITIONS OF EACH INSURANCE BOUND: Identification, qualification or variation in perils including the wording, clauses, conditions and amendments to any clauses in basic form including any applicable territorial wordings. All standard wordings and clauses must be clearly identified by name and reference. Any non-standard wording or clauses must be referred to here and attached to the Lineslip. CONDITIONS OF EACH INSURANCE BOUND: Each insurance bound shall include: NOTICES OF EACH INSURANCE BOUND: An optional heading where any notices other than “Several Liability Notice” must be recorded. E.g. Lloyd’s Privacy Statement LSW 1135 B. NOTICES OF EACH INSURANCE BOUND: Lloyd's Privacy Statement LSW1135B Page 13 of 33 XYZ wording as may be agreed by the agreement parties for each insurance bound The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE EXPRESS WARRANTIES OF EACH INSURANCE BOUND Any express warranties that apply to each insurance bound, over and above any that may be incorporated in the Policy Form or implied warranties from legislation such as the Marine Insurance Act 1906, including the consequences of non-compliance. If there are no express warranties this heading would not be included. EXPRESS WARRANTIES OF EACH INSURANCE BOUND (To be inserted if any). CONDITIONS PRECEDENT OF EACH INSURANCE BOUND: Any conditions precedent that apply to each insurance bound, over and above any that may be incorporated in the Policy Form or legislation, including the consequences of non-compliance. If there are no conditions precedent this heading would not be included. CONDITIONS PRECEDENT OF EACH INSURANCE BOUND: (To be inserted if any). SEVERAL LIABILITY OF THE LINESLIP: The several liability notice that applies to the Lineslip. SEVERAL LIABILITY OF THE LINESLIP: Page 14 of 33 The subscribing Insurers obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing Insurers are not responsible for the subscription of any co –subscribing Insurer who for any reason does not satisfy all or parts of its obligations. The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE CHOICE OF LAW & JURISDICTION OF THE LINESLIP: The court that will have jurisdiction in the event of a dispute between the Broker and Insurers over the terms of the Lineslip, and the law that will apply. Further Lloyd’s information on this heading is available in Lloyd’s bulletins Y3406 and Y3327 and for LMA members letter LTM04-056-WFR CHOICE OF LAW & JURISDICTION OF THE LINESLIP: This Lineslip shall be governed by and construed in accordance with the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales. CHOICE OF LAW & JURISDICTION OF EACH INSURANCE BOUND: The court that will have jurisdiction in the event of a dispute between the Insured and Insurers over the terms of the insurance bound, and the law that will apply. Further Lloyd’s information on this heading is available in Lloyd’s bulletins Y3406 and Y3327 and for LMA members letter LTM04056-WFR CHOICE OF LAW & JURISDICTION OF EACH INSURANCE BOUND: As agreed by the agreement parties for each insurance bound. PREMIUM: The basis of any premium calculations that will be used on each insurance bound. PREMIUM: As agreed by the agreement parties for each insurance bound. GROSS PREMIUM INCOME LIMIT: The gross premium income limit that the agreement parties may enter into under the Lineslip. GROSS PREMIUM INCOME LIMIT: GBP XX XXX XXX NOTIFIABLE PERCENTAGE OF THE LIMIT NOT TO EXCEED: The Broker shall monitor the total gross premium income bound and notify the Insurers immediately if it becomes apparent that the total gross premium income is likely to exceed the percentage of the limit stated. NOTIFIABLE PERCENTAGE OF THE LIMIT NOT TO EXCEED: 75% Page 15 of 33 The Market Reform Lineslip LINESLIP STRUCTURE PAYMENT TERMS: PREMIUM BORDEREAU(X) INTERVAL: LINESLIP EXAMPLE Non-Bulking Lineslips Only The Premium Payment Terms applied to each Declaration off the Lineslip. Should include Premium Payment Warranties or Conditions. N.B. if there are no payment terms then this can either be left blank or be shown as Not Applicable OR Bulking Lineslips Only This heading only applies to Bulking Lineslips where bulk premium settlements are to be made to Insurers via a premium bordereau. This shows how often such bordereau(x) are to be settled. e.g. monthly. Premium Payment Warranties should not be applied to declarations off Bulking Lineslips. PAYMENT TERMS: 60 day premium payment condition – LSW3000 or As agreed by the agreement parties for each insurance bound OR PREMIUM BORDEREAU(X) INTERVAL: TOTAL BROKERAGE: The maximum total Brokerage allowance or fee. TOTAL BROKERAGE: OTHER DEDUCTIONS FROM PREMIUM: Any additional deductions from premium e.g. administration fees, sundry payments. OTHER DEDUCTIONS FROM PREMIUM: Monthly As agreed by the agreement parties for each insurance bound up to a maximum of XX% of gross premium. As agreed by the agreement parties for each insurance bound. or None Page 16 of 33 The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE TAX PAYABLE BY THE INSURED AND ADMINISTERED BY UNDERWRITERS FOR EACH INSURANCE BOUND: Any premium taxes and charges payable by the (re)insured in addition to the premium stated above, which are collected and/or administered by Insurers for each insurance bound e.g. 5% UK Insurance Premium Tax. Any premium taxes and charges payable by Insurers should be shown in the Fiscal & Regulatory section. TAX PAYABLE BY THE INSURED AND ADMINISTERED BY UNDERWRITERS FOR EACH INSURANCE BOUND: As agreed by the agreement parties for each insurance bound. PROFIT COMMISSION: Details of any contingent or profit commission that may apply to the Lineslip. An agreed formula for calculating profit commission must be attached. PROFIT COMMISSION: None CANCELLATION NOTICE OF THE LINESLIP: The number of days notice that Broker/Insurer must give in order for the Lineslip to be cancelled. CANCELLATION NOTICE OF THE LINESLIP: This Lineslip is subject to XX days notice of cancellation from either the Slip Leader or the Broker. RECORDING, TRANSMITTING & STORING INFORMATION: Details of procedures for storage of data, documents and other information. This heading is optional. RECORDING, TRANSMITTING & STORING INFORMATION: Where the Broker maintains risk and claim data/information/documents the Broker may hold data/information/documents electronically. SIGNING PROVISIONS: Slips must contain signing provisions detailing how the signed lines will be determined. SIGNING PROVISIONS: Model signing provisions for open-market risks are published on the market reform website (http://www.marketreform.co.uk/contractcerati nty_guidance2.htm - Signed Lines Guidance); these can be modified as required for lineslips. Page 17 of 33 The Market Reform Lineslip SUBSCRIPTION AGREEMENT LINESLIP STRUCTURE SLIP LEADER OF THE LINESLIP: LINESLIP EXAMPLE SLIP LEADER OF THE LINESLIP: State who is the Slip Leader for the Lineslip. The Slip Leader for each insurance bound will be specified in each declaration. If the Slip Leader for the Lineslip is known when the slip is produced it must be added by the Broker. If it is not known when the Lineslip is produced the Slip Leader inserts their name here when they write their line. It is only possible to have one Slip Leader for London (Bureau) Market business; however in situations where a non-bureau lead exists on the same Lineslip it is possible to annotate the right hand side of the Lineslip with the headings OVERALL SLIP LEADER and LONDON MARKET SLIP LEADER. In such cases subsequent provisions will need to be specific with regard to any Slip Leader agreements. Page 18 of 33 ABC Syndicate The Market Reform Lineslip LINESLIP STRUCTURE SETTLEMENT DUE DATE: BASIS OF WRITTEN LINES: LINESLIP EXAMPLE Please note that the date shown here is not a “Premium payment warranty” or a “Premium payment condition”. These must continue to be shown under the “Payment terms” heading in the CONTRACT DETAILS section. If an underwriter requires the settlement due date to be the same on each declaration the number of days from the inception date of each declaration should be shown here. The location of the SDD in this section of the Lineslip does not confer any change in legal effect of the SDD or the implications of non-compliance SETTLEMENT DUE DATE: The basis on which subscribing (re)Insurers written lines are applied to the order or contract. There are three variations that may be used. These are mutually exclusive. No other option may be entered under this heading. Further guidance can be found in Appendix H. The options are: Percentage of Whole Percentage of Order Part of Whole (Can only be used where orders are expressed as monetary amounts and not percentages) As agreed by the agreement parties for each insurance bound. BASIS OF WRITTEN LINES: For a Non Bulking Lineslip: 90 days from inception of each insurance bound. or For a Bulking Lineslip: XX days from the end of each Premium Bordereau(x) Interval Page 19 of 33 As agreed by the agreement parties for each insurance bound. The Market Reform Lineslip LINESLIP STRUCTURE AGREEMENT PARTIES FOR EACH INSURANCE BOUND AND ALTERATIONS THERETO: BASIS OF AGREEMENT TO LINESLIP CHANGES: LINESLIP EXAMPLE State those Insurers who will bind insurances and any alterations thereto on behalf of the subscribing Insurers and the method by which reporting to followers is undertaken, if any. Specify which Insurers will agree changes to the Lineslip. N.B. The GUA must not be used on Lineslips. For classes of business where it is market practice to provide a copy endorsement to the following market, the method/media should be specified here e.g. email, paper, etc. Page 20 of 33 AGREEMENT PARTIES FOR EACH INSURANCE BOUND AND ALTERATIONS THERETO: Slip Leader GHI Company Ltd BASIS OF AGREEMENT TO LINESLIP CHANGES: All changes to this Lineslip to be agreed by (specify Agreement Party(ies) here). The Market Reform Lineslip LINESLIP STRUCTURE DOCUMENT PRODUCTION FOR EACH INSURANCE BOUND: LINESLIP EXAMPLE The type(s) of evidence of cover to be produced, who produces it, and any particular requirements e.g. any provisions relating to copies of wordings in a foreign language. DOCUMENT PRODUCTION FOR EACH INSURANCE BOUND: As agreed by the agreement parties for each insurance bound. RULES AND EXTENT OF ANY AUTHORITY DELEGATED TO THE BROKER: None The appropriate evidence of cover including details of security issued within 30 days of inception. The appropriate evidence of cover may be any one of the following: Evidence of Cover to be issued by Insurers or their agent in the form of a policy document Evidence of Cover to be provided by "Broker company name" in the form of a complete and accurate copy of the Declaration off the Lineslip Evidence of Cover to be provided by "Broker company name" in the form of a Brokers Insurance Document RULES AND EXTENT OF ANY AUTHORITY DELEGATED TO THE BROKER: What authority, if any, the Insurers have delegated to the Broker in relation to the Lineslip including any Hold Cover provisions. This should show the limit of the Broker’s authority. (for further information please see Appendix D) Page 21 of 33 The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP ADMINISTRATION: LINESLIP EXAMPLE LINESLIP ADMINISTRATION: The procedures and arrangements agreed between the Broker and Insurers relevant to the ongoing administration of the Lineslip. In the event of non-renewal or cancellation of this Lineslip, all declarations shall run to their natural expiry date (including any extension of individual Policy periods as may be agreed by the agreement parties for each insurance bound), unless cancelled in accordance with the individual Policy terms and conditions. Premiums for all Declarations off the Lineslip shall be allocated and paid in to the year of account in which this Lineslip incepts. CLAIMS AGREEMENT PARTIES: CLAIMS AGREEMENT PARTIES: Identity of the claims agreement parties for each insurance bound e.g. Slip Leader, plus the first IUA company and Xchanging Claims Services Claims to be agreed by the Slip Leader and: I. the first Lloyd’s syndicate in the event that the Slip Leader is a IUA company II. the first IUA company in the event that the Slip Leader is a Lloyd’s Syndicate III. Xchanging Claims services where there is more than one participating Lloyd’s managing agent IV. All non-bureau Insurers each for their own proportion Page 22 of 33 The Market Reform Lineslip LINESLIP STRUCTURE LINESLIP EXAMPLE BASIS OF CLAIMS AGREEMENT: Specify the basis of the claims procedure(s) such as the Lloyd’s 2006 claims scheme for Lloyd’s participation and IUA claims agreement practices for company market participation. BASIS OF CLAIMS AGREEMENT: Claims to be managed in accordance with the Lloyd’s 2006 Claims Scheme and IUA claims agreement practices. CLAIMS ADMINISTRATION: All claims related information with the exception of identification of agreement parties and the basis of claims agreement should be included here. Clarification is required as to which Insurers will use CLASS and the use of email and/or access to repositories. CLAIMS ADMINISTRATION: Broker to enter claim advices into CLASS. All company market bureaux Insurers(s) to use CLASS for claims agreement. RULES AND EXTENT OF ANY OTHER DELEGATED CLAIMS AUTHORITY: ABC Syndicate delegates the management of all claims under GBP XX,XXX to Xchanging Claims Services. RULES AND EXTENT OF ANY OTHER DELEGATED CLAIMS AUTHORITY: If any of the claims agreement parties specified above have delegated their claims processing and agreement to any other party this should be specified here including any limits that may apply, e.g. all claims less than GBP XXXX or experts fees GBP XXXX. It is unlikely that the Broker will be aware of any such arrangements that Insurers may have, so the Insurers who are the claims agreement parties must amend this as necessary. Page 23 of 33 The Market Reform Lineslip LINESLIP STRUCTURE EXPERT(S) FEES COLLECTION: LINESLIP EXAMPLE EXPERT(S) FEES COLLECTION: As agreed by the agreement parties for each insurance bound BUREAUX Any specific arrangements relating to the ARRANGEMENTS: bureaux including administrative arrangements for premium settlement, delinked accounting, and policy signing or basis of policy agreement clauses. BUREAUX ARRANGEMENTS: Delinked accounts for each insurance bound to be presented by Broker to XIS. NON BUREAUX To be used as appropriate to record and ARRANGEMENTS: specify provisions relating to Insurers outside of the bureau. NON BUREAUX ARRANGEMENTS: (To be inserted if any.) SPECIAL ARRANGEMENTS: SPECIAL ARRANGEMENTS: (To be inserted if any) The party(ies) responsible for the collection of experts fees. Where this is the same on each insurance bound it can be specified here. Where it is likely to vary by declaration “As agreed by the agreement parties for each insurance bound” should be stated There are six options available under the experts fees collection arrangements. These options can be found in Appendix C of this document. N.B. this heading is optional on Reinsurance business. Any other arrangements affecting the contract which cannot be more specifically accommodated in the preceding headings Page 24 of 33 The Market Reform Lineslip INFORMATION Loss History as provided by the Broker at 1st August 2006: Details of any information provided to Insurers to support the assessment of the Lineslip at the time of placement. Where the information is appropriate for inclusion in the Lineslip it should be shown here. Where the size or format of the information is not suitable for inclusion the location of the information should be clearly referenced under this section and should be made available to all Insurers during placing. Year 2002/03: 2003/04: 2004/05: 2005/06: 2006/07: Page 25 of 33 Net Absolute Premium GBP 6,000,000 GBP 6,500,000 GBP 8,786,234 GBP 3,000,987 GBP 5,000,000 Incurred Losses GBP 4,000,000 GBP 3,232,897 GBP 5,675,987 GBP 2,987,564 GBP 3,200,000 The Market Reform Lineslip FISCAL AND REGULATORY LINESLIP STRUCTURE TAX PAYABLE BY UNDERWRITER(S): US CLASSIFICATION: LINESLIP EXAMPLE Any premium taxes and charges payable by Insurers from the premium paid to them e.g. Australian Income Tax. Any premium taxes and charges payable by the Insured in addition to the premium which are collected or administered by Insurers should be shown in the “Taxes Payable by (Re)Insured and Administered by Underwriters” heading of the Contract Details section. To be entered as appropriate – e.g. if Risk is in US Dollars TAX PAYABLE BY UNDERWRITER(S): None. US CLASSIFICATION: Various as per each insurance bound. NAIC CODES: To be included only where CLASSIFICATION is “US Reinsurance”. US NAIC CODES: Various as per each insurance bound RISK CODES: These are allocated to the Lineslip by the leading Lloyd’s syndicate so that the relevant FDO signings can be completed. RISK CODES: Property – P3 Liability – UA FSA CLIENT CLASSIFICATION: To be included on all business. There are 6 possible options, please refer to the Appendix B of this document for further information. FSA CLIENT CLASSIFICATION Various as per each insurance bound. IS BUSINESS SUBJECT TO DISTANCE MARKETING DIRECTIVE? This heading must be included if the FSA Client Classification heading specifies "Retail" or "Retail Exempt". If the FSA Client Classification heading specifies "Commercial", "Large Risk", “Group Risks" or "Reinsurance" it should be omitted. Where it appears the only applicable answers are "Yes" or "No". IS BUSINESS SUBJECT TO DISTANCE MARKETING DIRECTIVE? Various as per each insurance bound. Page 26 of 33 Market Reform Lineslip APPENDIX B – FSA Client Classification Headings Defined Classification Retail Retail Exempt Commercial Large Risk Group Risks Reinsurance FSA Classification description Dealing with a retail (private) customer acting outside of their trade or profession. Includes sole trader/partnership, where insurance includes elements of retail risk. [Includes private large risks within EEA, see Large Risk] Exempt insurance warranty risks relating to breakdown, loss of, or damage to non-motor goods supplied, or travel insurance for damage to, or loss of, baggage and other risks linked to travel booked with a travel agent. Dealing with a commercial customer Dealing with a commercial customer (Marine, Aviation, or Transport (MAT), Credit and Suretyship, or Property & Liability risks (based on meeting two of the following criteria:balance sheet size of 6.2m euro, net turnover of 12.8m euro or have more than 250 employees)). Excludes any large risk insured in name of a retail customer. A group policy sold to a customer (retail, commercial or large risk) for the benefit of policyholders in relation to their common employment occupation or activity where some or all are capable of being a retail customer (with requirement to provide a policy summary for policyholders, with policy available on request) Reinsurance worldwide. Please note if the FSA Client Classification heading is completed “Retail” or “Retail Exempt” the heading “Is Business Subject to Distance Marketing Directive?” must be included and answered either “Yes” or “No”. Page 27 of 33 Market Reform Lineslip APPENDIX C – Expert Fees Collection Context As part of the market’s desire for flexibility in the way insurance contracts are processed, an experts’ fees collection scheme has been previously agreed. This scheme allows affected parties to choose a collection process best suited to the particular circumstances of the individual policy. The Market Reform Lineslip includes a slip heading of “Expert(s) Fees Collection” within the “Subscription Agreement” section. This is where the particular option chosen from the list below must be recorded. Options The options must be selected from and agreed upon by Brokers and Insurers at the time of placement along with any other qualifications or provisions deemed necessary by any of the affected parties. 1. Named service provider to collect London market share only. 2. Named service provider to collect all slip security, including overseas. 3. Named service provider to collect only overseas percentages in conjunction with Option One above. 4. Brokers to collect fees. 5. Broker to collect experts' fees, to be remunerated on a financial basis agreed between the Insurers and Broker at time of placement. 6. Any other agreement that can be determined between affected parties at time of slip placement. N.B. The Slip Leader must ensure that any special fee bill collection arrangements with third party service providers which the expert in question has in place are not prohibited or adversely affected by the selection process above. N.B. Where an option collects fees only in respect of just London or just overseas (Options 1 & 3) and there are subscribing Insurers from both then more than one option must be specified. Scope The slip heading is available to record the necessary information on all Market Reform Lineslips. The “Expert(s) Fees Collection” heading is optional on reinsurance business but due consideration should be given to facultative reinsurances where claims control or co-operation clauses may exist with fees payable by London reInsurers. Page 28 of 33 Market Reform Lineslip APPENDIX D – Hold Cover Provisions Where the Agreement Parties have quoted a premium for a specific risk and have finalised all contractual terms and conditions for that risk, OR where the Agreement parties have quoted a premium for a specific risk and have finalised all contractual terms and conditions for that risk and have required the London Market Broker to resolve a list of pre-conditions, the Broker can confirm cover to the policyholder upon confirmation that the pre-conditions have been met. The Broker in such arrangements cannot vary: A. the premium or contractual terms and conditions quoted by the Agreement Parties; and/or B. the pre-conditions. For the avoidance of doubt where one or more of the Agreement Parties for each insurance bound have set a pre-condition for the supply of information pertaining to the contract within a defined time period, then that agreement party may at the time of setting that pre-condition, permit the Broker to extend that defined time period by a reasonable amount of time. Any such permission extended to the Broker must be stated on the declaration slip and it is recommended that a maximum period of extension is shown. Page 29 of 33 Market Reform Lineslip APPENDIX E – Line Conditions The Contract Certainty Code of Practice requires Insurers to phase out the practice of applying Stamp and Line Conditions. A Stamp Condition is defined as one which is built into an Insurers stamp and therefore appears on every risk to which that stamp is applied by that Insurer. A Line Condition is defined as one manually applied by Insurers on a case by case basis against their written line. This appendix identifies how some of the more common Line Conditions should be managed. Table 1 lists those Line Conditions that compromise Contract Certainty and should not be used. Table 2 lists those Line Conditions that should not be used as provisions are made in the body of the slip. Table 3 lists risk specific Line Conditions which are acceptable as they cannot be readily catered for in the slip. Please note that these risk specific Line Conditions cannot be stated as Stamp Conditions. Table 1: Line Conditions that if used breach Contract Certainty requirements LINE Condition REASON FOR PROHIBITION Wording to be agreed Contract Certainty requires wordings to be agreed before the Insurer formally commits to the contract. All signing instructions other than “lines to stand” All other signing instructions are imprecise and therefore ambiguous, e.g. X% to sign Y%. Table 2: Line Conditions provided for in either Contract Details or Subscription Agreement sections and not the Security Details section LINE Condition All terms conditions, amendments, deletions, special acceptances and endorsements to be agreed Intended Effect Guidance The Insurer wants to agree all endorsements, changes to terms and conditions and special acceptances, etc Insurers wishing to agree all endorsements for their own proportion should insert “XYZ Insurer to agree all terms conditions, amendments, deletions and endorsements” under the heading BASIS OF AGREEMENT TO LINESLIP CHANGES. Warranted premium payable within 60 days of inception Condition in relation to the payment of the premium, warranting that it be paid within 60 days of inception. Notification of the expected premium payment date. This is a premium payment term and should be clearly expressed in the CONTRACT DETAILS section under the “PAYMENT TERMS” heading. SDD 14/11/05 N.B. The General Underwriter Agreement (GUA) does not apply to Lineslips. The Settlement Due Date by which the Insurers wish to receive their premium or the due date of the 1st instalment if the premium is on a deferred basis should be stated under the Settlement Due Date heading in the SUBSCRIPTION AGREEMENT section. Page 30 of 33 Market Reform Lineslip LINE Condition Excluding Hull War Claims Handling Authority delegated to XCS Each underwriter to the extent of several liability All claims to be agreed Notify cancellation at anniversary date Intended Effect Guidance Marine exclusion condition of loss, damage, liability or expense arising from war to a ship hull. A condition providing for XCS to agree claims on behalf of the slip leader. A condition ensuring that each Insurer is liable only for their amount of risk (Limited Liability). A condition mandating that a particular carrier wants to agree all claims. This is a condition to the contract and must be stated under the “Conditions of Each Insurance Bound” heading in the CONTRACT DETAILS section of each insurance bound. A provision commonly found in contracts of insurance for more than a year, and permits either party to serve notice of cancellation at the anniversary date, thereby effectively reducing the security of such a contract to that of a single year and enabling parties to renegotiate for a subsequent year. N.B. Not permitted for use on a Lineslip The RULES AND EXTENT OF ANY OTHER DELEGATED CLAIMS AUTHORITY heading in the SUBSCRIPTION AGREEMENT section provides for this claims handling arrangement. The several liability notice LSW1001 must be stated under the SEVERAL LIABILITY heading in the CONTRACT DETAILS section to ensure that all parties to the contract are fully aware of the notice. Insurers wishing to agree all claims should insert their name under the CLAIMS AGREEMENT PARTIES heading in the SUBSCRIPTION AGREEMENT section. N.B. – Lloyd’s syndicates must be mindful of the terms of the Lloyd’s Claims Scheme 2006 before adding their name as a Claims Agreement Party. Only the first participating Lloyd’s Insurer (and optionally the second in respect of special category claims) may agree claims. This is because it is not permitted for use on any slip by Lloyd’s managing agents. Nor is it permitted for use by non-Lloyd’s Insurers unless that contract is continuous and no Lineslip may continue for more than 18 months. Table 3: Acceptable Line Conditions lINE Condition Intended Effect REASON FOR RETENTION Line to stand A condition to ensure that a line stays as it is written and is not signed down. A condition imposed by the carrier where they will not provide Letters of Credit and Outstanding Claims Advances. A recognised and acceptable line condition. Excluding Letters of Credit and Outstanding Claims Advances (may relate additionally, or only, to incurred but not reported (IBNR) claims) Page 31 of 33 Risk specific heading particular to reinsurance business and not catered for in the slip. Market Reform Lineslip APPENDIX F – Unique Market Reference Guidance The UMR must be stated in the Contract Details section in the correct format: (i) (ii) (iii) (iv) (v) All UMRs must start “B” which must be followed by the Lloyd’s Broker number. If the Broker number is three digits long it should be prefixed by a zero. If the Broker number is “123” your UMR would therefore start “B0123”. If the Broker has a four digit Broker number such as “4567” it would be “B4567”. After the Broker number up to 12 alphanumeric characters must be provided. There is no prescribed standard for this, although most Brokers tend to use their policy number. The UMR as a whole must be unique. This means that when a contract is renewed it cannot keep the same UMR. The UMR must not contain any spaces, hyphens, slashes or other punctuation. Only numbers 0-9 and letters A-Z may be used. The UMR is not case sensitive. Whether it is provided as upper case or lower case, many of the systems and current EDI messages used in the market will convert it to upper case. In respect of mid term market changes, where the handling Broker changes, the new Broker must keep and use the old Broker’s UMR. When the contract renews the handling Broker can amend the UMR. Page 32 of 33 Market Reform Lineslip APPENDIX G – Guide to Order Hereon This appendix explains how orders may be expressed in the Market Reform Lineslip. CIRCUMSTANCES OLD PANEL ONE NOTATION EXAMPLE A – PERCENTAGE OF WHOLE Written Lines Client A gives the Broker a 100% order and they are the only Broker involved in the placement. EXAMPLE B – PERCENTAGE OF ORDER Client B gives the Broker a 50% order and decides to self insure the rest. % Part Of Order Whole MARKET REFORM LINESLIP NOTATION Order 100% Closed for 100% ORDER HEREON: 50% of 100% BASIS OF WRITTEN LINES: Percentage of order Written Lines % Part Of Order Whole Order 50% Closed for 100% of 50% EXAMPLE C – PART OF WHOLE Client C gives a Broker monetary order of GBP 100 where the total sum insured was GBP 200. Lines are written as a monetary amount as part of the total sum insured. Signed lines are shown as part of the sum insured. ORDER HEREON: 100% of 100% BASIS OF WRITTEN LINES: Percentage of Whole ORDER HEREON: 50% of GBP 200 BASIS OF WRITTEN LINES: Part of whole Written Lines % Part Of Order Whole Order GBP 100 Closed for 50% of GBP 200 Page 33 of 33