Terms of Business

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. We will identify and select suitable products on a fair and personal analysis basis (this means providing services on the basis of a sufficiently large number of contracts and product producers available in the market, who deal with insurance intermediaries, to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs) and on receipt of your instructions we will transmit orders on your behalf to one or more Product Producer(s) as chosen by you. We will also assist you on existing policies, in processing amendments and cancellations, and in seeking renewal terms. A list of the Products Producers with whom we hold an appointment is available on request. We can also arrange finance for the payment of your insurance premium by way of a Credit Agreement between you and Premium Credit Ltd. 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 amount of any fee charged in addition to the premium will be disclosed separately.

SCALE OF FEES

OTHER CHARGES

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.

YOUR FAILURE TO PAY OR OTHER DEFAULT

We reserve the right to instigate cancellation of your policy in the event of your failure to pay or other defaults, including the following:

1. Your non-payment of the premium due at inception, renewal or following a mid-term
2. Your non-return of necessary documentation, including completed direct debit Insurer mandate/ Credit agreement within the required
3. Your non-payment of an amount due under your Credit Agreement with Premium Credit Ltd or direct debit agreement with your
4. Non-disclosure of relevant information or the provision of incorrect or inaccurate
5. Insurer/Insurance Provider imposed Insurers and Product Producers may withdraw benefits or cover on default of any payments due under any product arranged for your benefit. Details of these provisions will be included in your product terms and conditions.

Should there be a default by you of your Insurer direct debit payment or of your finance payment with Premium Credit Ltd we may apply a charge up to €20 for recovery of the defaulted premium from you. In the event that you request that your premium finance agreement be reinstated, we may apply a charge of up to €40 for reinstating the Credit Agreement with Premium Credit Ltd. Where your premium finance agreement terminates for default you remain liable to the Premium Credit Ltd or Hickey Clarke & Langan, whichever applies, for any shortfall arising between the amount of the return premium from the cancellation of your policy and the default amount under your Premium Finance agreement.

We reserve the right to take such steps as may be necessary to recover any monies due by you to us, including the instigation of legal proceedings and all other rights available to us.

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 confirmation of 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. 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.

TERMS OF BUSINESS

We may amend, modify or update these Terms of Business from time to time at any time without prior notice, and the amended version will be published on our website and you will be provided with an up to date copy on next placing a new policy or renewing you policy with us.

HICKEY CLARKE & LANGAN GENERAL INSURANCES LTD – AUGUST 2024

HICKEY CLARKE AND LANGAN INSURANCE BROKERS

CLIENT INFORMATION NOTICE

(This document has been prepared for your information and does not form part of your insurance policy wording. For full details of all terms and conditions please refer to your policy document)

We have prepared the following information notice regarding certain conditions contained in insurance policies which, if not complied with, could result in the insurance being void and /or entitling insurers to avoid paying claims. This document has been prepared with your interests in mind and we would ask that you read the document to ensure that you are familiar with these conditions and that you comply with them. If you have any queries or require any further information regarding these conditions please do not hesitate to contact us.

Statement of Fact/ Proposal Form /Duty to disclose material facts: a Statement of Fact or proposal form has been completed in order to obtain your insurance. This document is the basis of the contract of insurance. It contains the information provided to your insurer in order to obtain cover and the information has been relied on by your insurer in considering whether to provide cover and the terms to apply. A material fact is any fact/information that would influence an insurance company in deciding whether or not to provide insurance and the terms and conditions to apply. Material facts include (but are not limited to) matters such as previous claims, convictions, previous insurance cancelled or refused by insurers, buildings becoming un-occupied, of non-standard construction or being located in an area prone to flooding. It is essential that the information provided is complete and accurate otherwise your insurance could be invalidated. Please let us know if you wish to amend or add to the information provided.

Conditions Precedent to liability: These are conditions which must be complied with before insurers are liable to deal with a claim. That means that, if any conditions are not complied with, insurers have the right to refuse to deal with any claims that occur without having to show that they were prejudiced as a result of the breach of policy conditions. In some policies all conditions are conditions precedent to liability.

Accident/ claims notification condition: all insurance policies contain a condition requiring immediate notification to your insurer of any occurrence that might give rise to a claim under your policy. You may report any such matter to us and we will deal with the necessary formalities on your behalf. You must not make any admission of liability or offer promise of payment without the written consent of your insurers and you must forward all correspondence received regarding a claim, or potential claim, to your insurers immediately.

Risk Alteration/ material changes in risk: if you make any changes to the risk as advised to your insurer at the outset, you must advise your insurers so that they can consider cover in light of the changes. Your cover could be invalidated unless insurers have agreed cover for the altered risk.

HICKEY CLARKE AND LANGAN GENERAL INSURANCES LIMITED TRADING AS HICKEY CLARKE AND LANGAN IS REGULATED BY THE CENTRAL BANK OF IRELAND

HICKEY CLARKE AND LANGAN INSURANCE BROKERS

Sums Insured: your insurance provides cover for the cost of replacement or repair as new in respect of buildings, fixtures and fittings and machinery in the case of business insurance or buildings and contents in the case of household insurance. It is important therefore to ensure that your sums insured are adequate to replace the building, fixtures and fittings and machinery as new, including additional costs also covered associated with rebuilding such as Removal of Debris, Architects, Surveyors, Legal and Consulting Engineers fees. Cover is also provided in respect of any additional costs incurred in meeting E.U and/or Local Authority planning requirements. It is advisable to obtain a professional estimate of the full costs of reinstatement of the buildings and fixtures and fittings to ensure that the sums insured are adequate.

Average: All property insurance policies include an Average clause. The effect of this clause is that, if the sums insured does not reflect the value at risk, any claim will be reduced in proportion to the percentage of underinsurance: for example, if underinsurance is 25% then any claims settlement will be reduced accordingly.

Excess (or deductible): all insurance policies contain an excess clause. The excess is the amount you must bear yourself. The excess amount varies depending on the type of insurance/risk. The amount of the excess applicable to your insurance will be shown in the schedule of insurance issued with your policy document.

Business Interruption /loss of profits insurance: if your insurance is a business combined policy it may include cover for loss of profits due to interruption of the business resulting from loss or damage to the property. Most policies provide cover for loss of profits for a period of 12 months. Because of potential delays in repairing/rebuilding the premises, for example, obtaining planning permission to rebuild, and because the loss of profit cover period applies up to the time business has recommenced and turnover is restored to levels achieved prior to the loss, you can obtain longer periods of cover for loss of profit- two or three years. The longer cover period protects loss of profit resulting from delays in completing rebuilding. You may wish to consider extending the period and, if you require any further information or a quotation to extend the cover please let us know.

Terms, Conditions and Exclusions: all insurance policies contain certain terms, conditions and exclusions. These vary from policy to policy depending on the type of insurance/risk involved and on the insurer concerned. Full details of these Terms, Conditions and Exclusions are set out in your policy document and you should refer to the policy for details.

(This document has been prepared for your information and does not form part of your insurance policy wording. For full details of all terms and conditions please refer to your policy document)