LMP Slip Guidelines for Binding Authority Agreements 16th September 2004 LMP SLIP GUIDELINES FOR BINDING AUTHORITY BUSINESS Background The LMP Slip Guidelines (published November 2003) provide the framework for clarity and certainty of contract for open market business placed within the London Market. Lloyd’s mandated the use of these principles for all slips placed incepting from 2.1.04, with certain limited exemptions. The London Market Principles (LMP) have now been established for use with Binding Authority Agreements (BAA). This note provides guidelines for the structure and content of a LMP Slip for BAA business. Five new model Binding Authority Agreements have been produced by the LMA to meet the requirements of the new Lloyd’s Delegated Underwriting Byelaw. LMP Slip templates have been developed for each of these and are available on the LMP website – www.LMP-reforms.com . For reference the model BAA are listed below (with the reference numbers of their earlier versions): Non-Marine US Non-Marine UK Non-Marine International Marine Non-Marine Canadian LMA3002 LMA3003 LMA3004 LMA3005 LMA3006 (NMA2860) (NMA2923) (NMA2922) (LSW1476) (NMA2640) If you are not using one of the LMP slip templates for the model BAA above you should use the guidelines below to ensure that you comply with the LMP requirements. The model agreements listed above can be used as example formats upon which to base any bespoke BAA. Structure of the LMP Slip for Binding Authority Agreements The LMP Slip for BAA business will comprise 5 sections, the first two sections covering the equivalent contractual information as the Risk Details section in the full LMP Slip instructions for open market business: SCHEDULE The schedule associated with the BAA wording. The new Lloyd’s Delegated Underwriting Byelaw defines the details that must be covered within the schedule. NON-SCHEDULE AGREEMENTS Additional contractual information that should be declared to the Coverholder. SUBSCRIPTION AGREEMENT Primarily to incorporate within specific headings the details previously listed as ‘Internal Arrangements’. INFORMATION FISCAL AND REGULATORY The following slip headings should appear in the appropriate LMP Slip section. Completion details for each of the headings are provided in Appendix 1. 1 1. Schedule Section The conditions and requirements relating to Binding Authorities are defined within the Lloyd’s Delegated Underwriting Byelaw. This section of the slip will contain the BAA schedule, which provides the individual ‘variables’ for this particular Agreement including any accompanying attachments (e.g. Claims Procedures). It is this schedule that will accompany the BAA wording to be sent to the coverholder for the coverholder’s signature. Within the five model BAA, the wording (and any associated cover conditions) has been incorporated by reference using the first paragraph of the Schedule. Therefore if you use one of the five model agreements it is not necessary to attach the full wording to the LMP Slip during placing. However if one of the five model Agreements listed on the previous page has not been used, then the full wording must be attached to the slip for placing. The five model BAA all allow for amendments to be made to the model wording. Any such changes should be incorporated in the schedule (in the section ‘Other Conditions and/or Requirements – Amendments’) overcoming the need to amend the text and the subsequent checking of the wording. 2. Non-Schedule Agreements Section This section caters for the contractual details that have not been incorporated within the Schedule itself. These headings may vary for each BAA, but the Schedule and Non Schedule Sections must between them cover the following items: Brokerage Other Deductions from Premium [Taxes Payable by Insured] [Recording, Transmitting & Storing Information] Where relevant Optional heading 3. Subscription Agreement Section This section of the slip provides headings against which the traditional ‘Internal arrangements’ are to be recorded. All of the following headings must appear on all LMP Slips for BAA (unless indicated in brackets). Slip Leader Basis of Agreement to Binding Authority Changes Binding Authority Administration Binding Authority Agreement Production Claims Agreement Parties Basis of Claims Agreement Rules and Extent of any other Delegated Claims Authority Expert(s) Fees Collection Bureaux Arrangements 2 [Signing Provisions] Special Arrangements Where applicable 4. Information Section Details of any information provided to underwriters to support the assessment of the risk at the time of placement. 5. Fiscal and Regulatory Section Tax Payable by Underwriter(s) [US Classification] [NAIC Codes] Allocation of Premium to Coding Where applicable Where applicable Post Placement The Binding Authority Schedule and the BAA wording (if not previously provided to and accepted by the Coverholder) will be available to send to the Coverholder for signature. In the event that there are amendments to the Schedule in the Slip (e.g. Slip Leader amends the terms or conditions), then an updated version of the schedule should be agreed by the Slip Leader prior to sending to the Coverholder. The Coverholder must sign a copy of the appropriate Schedule page (and all attachment pages as applicable) and return to the Broker, to be acknowledged by the Slip Leader. At this point there will be contract certainty and the Coverholder is authorised to enter into contracts of insurance with effect from the agreed inception or renewal date. Where an endorsement to the LMP Binding Authority Slip is required it should follow the same principles relating to Coverholder acceptance/signature and acknowledgement by the Slip Leader. This will necessitate a copy of the agreed endorsement being sent to the Coverholder for acceptance/signature and the Slip Leader acknowledging such acceptance on the copy endorsement. An example LMP Binding Authority slip endorsement is attached to these guidelines at Appendix 2. For Further Information Contact: LMP Programme Office : Tel: 020 7327 5220, Email: lmp@lmpoffice.com or visit the London Market Principles web site at WWW.LMP-REFORMS.COM 3 APPENDIX 1 Binding Authority Agreements LMP Slip Headings Completion Guidelines Non Schedule Agreements Section Brokerage: The London Market brokerage allowance. This is in addition to the Coverholders commission shown in the schedule. Other Deductions from Premium: Any additional deductions from premium e.g. administration fees, sundry payments etc. [Taxes Payable by Insured] Any premium taxes and charges payable by the (re)Insured in addition to the premium, which are collected and/or administered by underwriters e.g. UK IPT. Any premium taxes and charges payable by underwriters should be shown in the Fiscal & Regulatory section. Details of procedures for storage of data, documents and other information. This heading is optional. [Recording, Transmitting and Storing Information:] Subscription Agreement Section Slip Leader: State who is the Slip Leader Basis of Agreement to Binding Authority Changes: Specify the basis on which agreement to changes to the Binding Authority Agreement will be made. e.g. All matters pertaining to this Binding Authority to be agreed by the Slip Leader only. N.B. The GUA should not be used for Binding Authority business To include the method of advising agreed endorsements to the following market if agreement party(ies) so instruct. Binding Authority Administration: Detail any arrangements between brokers and underwriters which relate to the ongoing administration of the Binding Authority e.g. reporting after the ‘contract year’ has expired. Binding Authority Agreement Production: The type of documentation to be produced, who produces it, who agrees it and any particular requirements e.g. specific language. Identity of the parties that will agree claims. Claims Agreement Parties: Basis of Claims Agreement: Where claims are referred to underwriters in accordance with the Binding Authority, specify the basis of the claims agreement procedure with underwriters, e.g. the Lloyd’s 1999 claims scheme. Rules and Extent of any other Delegated Claims Authority: If any of the claims agreement parties specified above will delegate their claims processing and agreement to any other party this should be specified here, including any 4 limits that may apply, e.g. all claims less than USD XXXX or experts fees USD XXXX. Expert(s) Fees Collection: The party(ies) responsible for the collection of experts fees. There are eight options available under the expert fees collection arrangements (see attached list). Bureau(x) Arrangements: Any specific arrangements relating to the bureau e.g. delinked accounting etc. [Signing Provisions:] Only to be completed if there are any signing arrangements relating specifically to underwriters’ participation e.g disproportionate signing or variations to current market practice. Special Arrangements: Any other (internal) arrangements that cannot be more specifically accommodated within the headings above. Information Section Information provided to underwriters to support the placement of the Binding Authority. e.g. Previous premium/claims history, Estimated GPI. Where the information is appropriate for inclusion in the slip it should be shown here. Where the amount or format of the information is not suitable for inclusion the location of the information should be clearly referenced from this section but should be made available to all underwriters during placing. Fiscal and Regulatory Section Tax Payable by Underwriter(s): Identify any premium taxes and charges payable by underwriters from the premium paid to them. [US Classification:] To be entered as appropriate [NAIC Codes:] To be included when applicable. Allocation of Premium to Coding: Show the allocation, where appropriate, of premiums over multiple risk codes where they will always be in a fixed proportion. 5 Expert Fee 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 agreed as one of the LMP reforms. This scheme allows affected parties to choose a collection process best suited to the particular circumstances of the individual policy. The LMP Slip includes a slip heading of “Expert(s) Fees” within the “Subscription Agreement” section. This is where the particular option chosen from the list below should be recorded. Options The options should be selected from and agreed upon by brokers and Underwriters at the time of placement along with any other qualifications or provisions deemed necessary by any of the affected parties. 1. ins-sure 'Experts Fees Service' to be service provider for London market share only. 2. ins-sure 'Experts Fees Service' to be service provider for all slip security, including overseas. 3. Alternative named service provider to collect London market share only. 4. Alternative named service provider to collect all slip security, including overseas. 5. Alternative named service provider to collect only overseas percentages in conjunction with Option One above. 6. Brokers to collect fees. 7. Broker to collect experts' fees, to be remunerated on a financial basis agreed between the underwriters and broker at time of placement. 8. 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. Scope The options for fee collection recorded in this document may be used with all London market slips. If an LMP slip is used then the slip heading will be available to record the necessary information. If the slip is not produced to the LMP structure then it is recommended that a slip heading of “Expert(s) Fees” be inserted to record this information. 6 APPENDIX 2 Attaching to Policy/Risk Ref No Endorsement No Currency Gross Premium In All Total Registration Serial VAT Registration Assured/Account Sett due date C a t e g o r y TOC Tribunal Def Adj Lloyd’s ILU LIRMA Leading U/wr Companies Dated in London: L.P.S.O. number and date I.L.U. number and date Planned Settlement Date R/I Yes No Date Bkr Lists Date Date Yes No L.I.R.M.A. number and date ACCEPTANCE OF THE COVERHOLDER Signed and accepted on behalf of the Coverholder Name and Position of Signatory Date of Signature Acknowledged by Slip Leader on behalf of all subscribing underwriters 7 Marine War