Terms of Business
In order to provide the most competitive quotation, customer information may be sent to DNA’s partners.
DNA Insurance Service Ltd, are an Independent Insurance Intermediary, offering policies from a range of insurers, and we are regulated and authorised by the Financial Conduct Authority (FCA) 304985 to act on your behalf in arranging your insurance cover. Details of our status can be checked by visiting the FCA website at www.fsa.gov.uk or by contacting them on 0800 111 6768. Our service includes advising you on your insurance needs, arranging your insurance cover with insurers to meet your requirements and assisting you with any future changes you have to make.
As part of our service we will assist you with any claim you need to make. In addition to the premiums charged by Insurers, we may make the following fees to cover the administration of your insurance:
– Arranging Policies (up to) £150
– Mid Term Adjustments £40
– Re-presented (bounced) payments £25
– Reduced Deposit Fee £50
– Replacement certificates or cover notes £25
– Mid Term cancellation £40 plus commission 20% of the premium returned by the insurer for Motor Trade. 15% for Public or Private Hire insurance, 10% for Private Car/Van, Motorcycle, or Fleet insurance. £20 on Property policies insurance. Plus 20% of the premium returned.
VALIDATION checks will be carried out on all Policies taken out with DNA Insurance such as ID verification, Google, Licence checks & Claims checks. Should any of this information differ from what you have confirmed to us this may affect your PREMIUM and LEVEL OF COVER UNDER YOUR POLICY. In the event that the Policy is cancelled we will retain the right to keep all of our Policy Fees.
Services and Products
We offer a range of products from a panel of insurance providers for breakdown cover, claims management, gap insurance, excess reimbursement and guaranteed vehicle hire. And windscreen cover, plus Gadget insurance, also short period motor insurance.
We normally accept payment by Debit/Credit Card, Cheques, Cash & Postal Orders. If we offer credit facilities to you, We are a credit broker, not a lender, we may pass information about you to credit reference agencies and may also pass to them details of your payment record. In order to be able to offer you credit facilities, we are registered under the Consumer Credit Act and our Licence Number is 530395. Premiums we collect from you are held in a specific insurance broking account used for the sole purpose of holding clients premiums. With your authority we will set up a Continuous Authority Agreement, whereby your payment card details will be available to us, so there will be need to contact you each time a payment is required. With an existing credit agreement in place, we will give you 7 days notice, that premium adjustments will be automatically added to the agreement, unless other financial arrangement are made.
In agreement with your Insurer, those premiums are treated as having been paid to the Insurer. Premiums are remitted to insurers after deduction of our commission in accordance with the terms of our agreement with Insurers. We may keep certain documents, such as your insurance policy documents or certificate while we are awaiting full payment of premium(s). In these circumstances we will ensure that you receive full details of your insurance cover and any documents that you require by law. If you would like to know the amount of commission that we are paid in respect of you insurance contract, this information is available upon request. Please note no refunds will be due if you have been involved in any claims, paying by instalments or Classic Car schemes. Breakdown, XS Protection and Guaranteed Replacement Hire Vehicle, if applicable, are not refundable. Due to the costs involved any refund of premium, less than £20.00 (after the deduction of reclaimed commission and charges) will not be returned. The specific charge and purpose of any additional charges will always be advised to you in advance.
Credit arrangement and assessment
To comply with consumer credit legislation, providers of personal credit are required to carry out affordability assessments before making loans. This means that whenever we are asked to arrange personal premium finance, we will pass your name and address to the finance provider to enable it to carry out an assessment. In assessing your application the provider may search information held by a credit reference agency. Please note the credit reference agency will add details of the search and your application to their records, whether or not your application proceeds.
If any direct debit or other payment due in respect of the credit agreement you enter into with Premium Credit Ltd (PCL) to pay insurance premiums is not met when presented for payment or if you end the agreement with PCL or if you do not enter into a credit agreement with PCL we will be informed of such events by PCL.
If you do not make arrangements with us to pay the insurance premiums you acknowledge and agree that we may, at any time after being so informed, instruct on your behalf the relevant insurer to cancel the insurance (or, if this occurs shortly after the start or renewal of the insurance, to notify the insurer that the policy has not been taken up) and to collect any refund of premiums which may be made by the insurer and if any money is owed to PCL under your credit agreement to pay it to PCL or if PCL have debited us with the amount outstanding you must pay this amount to us in order to offset any outstanding balances due. i.e the remaining balance of credit given plus any DNA fees applicable after the Insurer has issued any refund and the credit company has reclaimed the balance owing on the credit agreement. You will be responsible for paying any time on risk charge and putting in place alternative insurance and/or payment arrangements you need. Where there is a Continuous Payment Authority in Place, your card will be debited for any balance due]. And putting in place alternative insurance and/or payment arrangements you may need.
Should you wish to cancel your policy at any time during the period of cover please contact this office on 0344 573 2400 followed by a letter or email instruction. On a return premium we repay commission on the amount to the Insurer and this will be deducted from the final amount refunded to you, together with any monies owed to your finance provider (if applicable). Your Insurers may calculate their cancellation refund by applying ‘Short Term’ rates. This means that the refund of premium will not be proportionate to the annual premium and the time on cover and may give rise to a deficit in the premium(s) paid and those required by your Insurers.
Short Term Policy Cancellations
In the event of cancellation of policy which is issued for a period of less than 12 months, there will be no return of premium due form the insurers. This does not affect your statutory rights.
Please note that all policy fees are non refundable in the event of a mid term cancellation.
Where bad debts occur, we reserve the right to charge interest on the debt, to pass on any fees or charges we incur and to collect the outstanding balance from the credit or debit card details held on file, a third party will be used to aid debt recovery.
MIIC – Motor Insurer Information Centre
Your Insurers are legally bound to supply details of motor insurance policies to the MIIC. This information will be added to the Motor Insurance Database and can be accessed by the Police and other government agencies. This assists with the detection of those who are in contravention of the law by not holding valid insurance and the pursuance of claims.
How to claim
Please refer to your policy summary or your policy document if you need to notify a claim. You should contact the insurer within 24 hours using the contact details provided. Failure to report an accident within 24 hours may result in an increased excess being applied by your insurers for a late report. You can contact via our claims management service on 0800 288 9477.
Insurers share information with each other to aid the prevention of fraudulent claims. In the event of a claim, the details you supply together with any other relevant information will be logged under the Claims and Underwriting Exchange Register and the Motor Insurance Anti Fraud and Theft Register.
We are covered by the Financial Services Compensation Scheme (FSCS). Dependent on the type of business and the circumstances on the claim, you may be entitled to compensation from the scheme if we cannot meet our obligations. Further information is available on the FSCS website www.fscs.org.uk.
If you have reason to complain about our service, we have a formal complaints procedure. In the first instance you should contact us in writing, by phone, by fax or by e-mail. Please direct your complaint to the Customer Services Manager. We will acknowledge receipt of your complaint in writing within 5 working days and give you a response to the complaint at this time if we can. If it will take more time to deal with your complaint we will advise you of who is dealing with your complaint and when you can expect to hear a fuller response. Should our investigations take longer we will provide you with a full written response within 20 days or explain the current position of your complaint and provide you with a timescale for a full response. If you cannot settle your complaint with us you may be entitled to refer it to the Financial Ombudsman Service who can be contacted via their website www.financial-ombudsman.org.uk or by telephone 0300 123 9 123.
We shall contact you in good time prior to the renewal date of your policy with the renewal premium and terms for the coming year. If you do not wish to renew the policy, please let us know as soon as possible.
This Agreement shall be governed by the laws of England and Wales and the parties agree herewith that any dispute arising out of it shall be subject to the (non-) exclusive jurisdiction of the English Courts.
Other taxes or costs, or both, may exist in relation to products and services offered by us which are not paid through, nor imposed, by us.
All personal information about you will be treated as private and confidential and will normally only be used or disclosed by us in the normal course of arranging and administering your insurance. We will not disclose any information to any other parties without consent. We may use the information we hold about you to provide information to you about other products and services, which we feel may be appropriate to you. You may exercise your right to give notice stop data being processed for marketing purposes by contacting us. Unless we are notified of any changes we shall assume the personal and sensitive data we hold is correct and shall use it to provide quotations when policies for due for renewal. Under the Data Protection Act 1998 individuals have the right to see any personal information held about them that we hold in our records subject to an administration fee of £10.00. In the interests of security and to aid customer service, telephone calls may be monitored and/or recorded.
Whilst we monitor the financial strength of the insurers with whom we place business it should be noted the claims paying ability of even the strongest insurers could be affected by adverse business conditions. We cannot, therefore, guarantee the solvency of any insurer or underwriter. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.
Premiums and client money passed to another person
In accordance with FCA Regulations we have to inform you that in managing and/or arranging your insurance requirements, we may transfer money that you have paid us, in payment of an insurance premium, to another insurance intermediary.
Customer money passed to another person outside the UK
Similarly we may transfer money to another insurance intermediary operating outside the UK.
Unless you notify us that you do not wish your premiums to be transferred in the manner outlined in this section, by accepting these terms of business, you are giving your consent for us to act in the manner describe in this section. We have a duty under FCA regulation to inform you that: The legal and regulatory regime applying to the insurance intermediary may differ from that in the United Kingdom.
Policy and Terms of conditions warranties
You must read through all policy terms, conditions and warranties shown on your policy documentation. Please ensure you understand them and are able to follow their requirements exactly. If not , please advise us immediately, as a breach of any terms, conditions and warranties may enable your insurer to terminate your policy from the date of that breach, and or repudiate a claim under your policy.
Methods of Communication
We will normally contact you by phone or email, Or by post if requested. In addition to any meeting we may have with you, please let us know if you would prefer not to receive communications by any method. Please note that calls may be recorded for training and monitoring purposes.
Limit of liability
Our liability to you in connection with the Services described in these terms of business is limited to £1.15m. We will accept liability for wrongdoings which result from a breach of our contractual obligations to you, our negligence, a breach of our professional duty, or breach of our trust. We not accept liability for losses which are:
a. contributed by your own negligence
b. due to your failure to provide information we have reasonably requested about your insurance risks, or
c. not a reasonable foreseeable consequence of our actions. Not withstanding the above, we place no restriction on our liability to you for:
1. death or personal injury caused by our negligence
2. fraud or fraudulent misrepresentation or
3. a breach of our statutory or regulatory obligations.
Your Duty of disclosure
You must take reasonable care not to make a misrepresentation to the insurer. This means that all the answers you give and statements you make as part of your insurance application, including at renewal and when an amendment to your policy is required, should be honest and accurate. If you do deliberately or carelessly misinform the insurers, this could mean that part or all of a claim may not be paid.
Act at all times with utmost good faith towards insurers and us;
– tell insurers all facts or circumstances which are, or ought to be, known to you or anyone authorised in your company and which are material to the risk, Material facts are any facts which may influence the Insurers decision to accept the policy and/or what terms are applied.
– make sure that when completing and signing any proposal form or otherwise confirming any information to insurers, the information provided is complete, accurate and provided within any agreed timescale.
Failure to disclose any material facts may mean that the insurer can treat the policy as if it never existed, which would result in claims not being paid.
You could also be required to repay any claims payments that have already been made.
Duty of Fair Presentation
The Act requires policyholders to make a ‘fair presentation of the risk’ to the insurer. This applies for all renewals as well as new policies. A fair presentation is one that discloses, in a manner that is reasonably clear and accessible, every material circumstance which is known or ought to be known by the policyholder’s senior management, or those responsible for arranging insurance, following a reasonable search. The information provided must also be reasonably clear and accessible. Each of the highlighted terms plays an important part in meeting your obligations and you should take steps to understand them. These are explored in the table below:
Key Term Definition Material Circumstance
This is anything which would influence the judgement of a prudent insurer in determining whether to take the risk and, if so, on what terms. There is no specific definition of material circumstance, but it would typically include any factors pertaining to the risk to be insured including prior claims, your financial history, convictions of key personnel, your business activities, details of your premises, fire/security arrangements, health and safety issues and hazardous materials/ processes. Known or ought to be known You are obliged to disclose not only material circumstances that you actually know but also those that you ought to know. This means that if the information is readily available to you but you fail to disclose it owing to either a lack of enquiry or by “turning a blind eye”, you will have breached your duty to fairly present the risk. Please also note that any relevant information you provide to us, whether in a formal or informal setting, will form part of the presentation of the risk to insurers
Senior management including individual self employed persons or business partnerships
Senior management includes anyone who has a key role in making decisions on behalf of the business, even if they do not sit on the board or if they do not officially have a management role. You must take steps to understand who in your business falls within this definition and ensure they are part of any information gathering when preparing a presentation. For many self-employed customers, this is straightforward. However, where there are Directors or other Management it can get complicated. Reasonable search The extent of your search will depend on the nature of your business, the type of insurance you wish to buy and who within your organisation is best placed to provide information. Reasonably clear and accessible All information must be provided to insurers in a reasonably clear and accessible manner. The new rules also prevent policyholders from concealing key facts amongst large volumes of less relevant or immaterial information.
What happens if you do not fairly present the risk?
If you fail to comply with your obligations, insurers have differing remedies depending upon the nature of the breach and what would have happened had you fairly presented the risk:
Type: Deliberate or reckless
Definition: If you deliberately or recklessly fail to present the risk fairly (e.g. you deliberately withhold key information or fail to take any care when presenting the information), insurers are entitled to avoid the policy and retain all premiums.
In other words, insurers can treat the policy as if it never existed, which would result in no claims being paid.
You could also be required to repay any claims payments that have already been made:
Type: Not deliberate or reckless
Definition: If your failure to present the risk fairly was neither deliberate nor reckless (e.g. a simple oversight on your part), insurers may still be able to avoid the policy if they can demonstrate that the policy would not have been provided if they had been aware of the full facts.
In such cases, insurers would repay the policy premium to you. They would not be required to make payments in respect of claims and you would need to repay any claims payments already made.
If, however, insurers would have provided the policy but on different terms, the policy would be treated as if
those terms had applied from the beginning.
Additional terms could be, for example, increased excesses or specific exclusions. This could result in a claim being declined (e.g. if insurers would have excluded a particular activity or imposed additional conditions which you had not complied with).
If insurers would have provided the policy but charged an increased premium, the amount
insurers will pay will be reduced in proportion to the difference between the premium actually paid and the premium that would have been charged had the risk been fairly presented.
This remedy applies regardless of whether there is any connection between the shortcoming in the presentation of the risk and the subject matter of the claim.
A warranty in an insurance contract is a promise by the policyholder to the insurer to do (or not do) something or a promise to maintain a certain state of affairs. Previously, insurers could refuse to pay a claim if the policyholder breached a warranty, even if the breach was unconnected with the loss or if the breach was remedied before the loss occurred.
The ability to avoid claims in such circumstances is now removed and insurers can only suspend cover for periods where a warranty is not complied with.
If the warranty is designed to reduce the risk of a certain type of loss or a loss at a certain place or time and the policyholder can demonstrate that a breach could not have increased the risk of that loss occurring, insurers must still pay the claim.
This removes the classic example where an insurer could use the failure to set a burglar alarm as a reason not to pay for fire damage.
Finally, insurers often use a ‘basis of contract’ clause to convert all information given by policyholders to insurers into warranties. This enables insurers to refuse to pay claims if any part of a risk presentation or proposal form is inaccurate.
From August 2016, the position will be fairer for policyholders as the Act specifically removes this as an option.