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Important notices




Unfair Contract Terms (UCT)

  • Unfair Contract Terms

    On 5 April 2021, the Unfair Contract Terms regime was extended to include certain insurance contracts sold to consumers and small businesses.

    In response, CGU has reviewed and updated our PDS and Policy Wordings for fairness.

    CGU recognises that community expectations of the insurance industry continue to evolve, and we always strive to meet those expectations.

    What do I need to know about the changes?

    The changes to PDS and Policy Wordings were to make contracts fairer, clearer, more customer focused and to make sure that they better reflect our current processes. The amendments were not aimed at changing the level or type of cover that our customers currently receive.

    What do I need to do?

    The UCT amendments has resulted in a new suite of PDS and Policy Wordings. If you use these documents in your role or communicate with customers about matters regarding these documents, you will need to ensure you are using the latest version sourced from the correct system.

    Our updated PDS and Policy Wordings can be accessed via the Broker Portal.

    For those brokers that develop their own policy schedules, we expect and require that those documents are reviewed and amended for fairness, to ensure that unfair contract terms are not present. To assist, we will be providing examples of common issues that require remediation. CGU is also happy to answer any queries you may have on this.

    For those brokers using CGU’s policy schedules, rest assured that CGU will review these policy schedules for fairness and make updates where necessary.

    When is this happening?

    The UCT regime came into effect on 5 April 2021.

    Further Questions?

    If you have any questions, please contact your Relationship Manager or Underwriting Team.




Product Design & Distribution Obligations (PDDO)

  • What is happening?

    As a result of the 2014 Financial System Inquiry (FSI), a set of design and distribution obligations were introduced under the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 known as Product Design and Distribution Obligations (PDDO). These obligations apply to retail financial products.

    What is PDDO?

    PDDO introduces key design and distribution obligations to ensure retail financial products are targeted at the right people. Issuers of retail financial products must meet the Design Obligations and organisations who sell or distribute financial products to retail customers must comply with the Distribution Obligations.

    PDDO Laws set out obligations for:

    • product issuers to identify the target market for their financial products; and
    • product issuers and distributors (including brokers) to ensure that those products are distributed consistently with the target market.

    What do I need to know about the changes?

    We have created Target Market Determination (TMD) documents for in scope retail insurance products. The TMD seeks to offer customers and distributors (including brokers) with an understanding of the class of customers for which a product has been designed, considering their collective needs, objectives, and financial situation.

    TMD’s are not intended to provide financial advice regarding coverage, nor do they form a part of the terms of cover.

    TMDs are publicly available for CGU broker products applying to new and existing customers on and from 5 October 2021. The TMDs can be accessed on the CGU site or in the Broker Portal.

    TMD’s can be found alongside the corresponding Product Disclosure Statement (PDS) where applicable.

    What do I need to do?

    As a distributor, you will need to:

    • Take reasonable steps to ensure products are distributed consistently with the TMD
    • Cease distribution of a product within 10 business days if instructed by us to do so
    • Make TMDs available to customers if requested
    • Ensure that any promotional activity or marketing of a product is consistent with the relevant TMD (including adding references in the material to where the TMD can be found)
    • Continue to notify us of complaints and breaches of your obligations immediately
    • Notify us in writing if a significant dealing is identified as soon as practicable, and in any event within 10 business days after becoming aware
    • Maintain complete and accurate records in respect of the distribution of products and retain such records for a period of at least seven years.

    What is a significant dealing?

    We identify a significant dealing as the following:

    • A dealing where a customer or customers are sold a retail product, they are outside the target market for; and

    • The retail product and the dealing has a material impact having regard to several factors:

    • proportion of customers who acquire the product who are outside the target market or who are part of a class that has been excluded from the target market;
    • actual or potential harm, including financial loss, to customers resulting from customers outside the target market acquiring the retail product;
    • the nature and extent of the inconsistency of distribution with the TMD;
    • proportion of gross income or premium obtained from customers who acquire the product who are outside the target market;
    • the time period of the acquisitions in question.

    Please contact us if you are unsure if a significant dealing has occurred or to seek underwriter approval to deal outside of the TMD.

    Significant dealings can be reported to: cgugovernance@cgu.com.au

    When is this happening?

    PDDO came into effect on 5 October 2021.

    Further Questions?

    If you have any questions, please contact your Relationship Manager or Underwriting Team.




Complaints Handling Requirements

  • What is happening

    Complaints

    In response to the new General Insurance Code of Practice (GICOP) effective 1 July 2021 and RG271 Complaints Handling requirements effective 5 October 2021, we have implemented new requirements in relation to the management of customer complaints.

    Together, we all need to make an active commitment to a culture that enables fairness, honesty and transparency and puts the customer at the centre of everything we do. It’s about doing the right thing, for all customers, all the time.

    What is a complaint?

    A complaint is an expression of dissatisfaction made to CGU or you, related to our products, services, staff or our complaints handling process itself, where a response or resolution is explicitly or implicitly expected or legally required.

    Complaints about you where you are not acting on our behalf or that do not relate to us, do not need to be notified to us.

    What do I need to know about the changes?

    We value feedback from our customers about any of our products, policies and procedures. We understand that occasionally some customers are not satisfied with the services or products we provide or do not agree with decisions we make in relation to their insurance.

    We have updated our Product Disclosure Statements (PDS) to include details of our updated Complaints and Dispute Resolution process consistent with changes to be introduced by ASIC Regulatory Guide 271 effective 5 October 2021 and advise customers on what they can do if they are dissatisfied with our products, services, or decisions we have made.

    What is being communicated to customers on the updated Complaints and Dispute Resolution process?

    The following is included in our CGU PDS’:

    We will always do our best to provide you the highest level of service but if you are not happy or have a complaint or dispute, here is what you or your insurance advisor can do.

    If you experience a problem or are not satisfied with our products, our services or a decision we have made, you or your insurance advisor should let us know so we can help.

    Contact information can be found within this PDS or you can call us on 13 24 81.

    We will try to resolve complaints at first contact or shortly thereafter.

    If we are not able to resolve your complaint when you contact us or you would prefer not to contact the people who provided your initial service, our Customer Relations team can assist:

    Free Call: 1800 045 517
    Email: Customer.Relations@iag.com.au

    Customer Relations will contact you if they require additional information or have reached a decision. Customer Relations will advise you of the progress of your complaint and the timeframe for a decision in relation to your complaint.

    We expect our procedures will deal fairly and promptly with your complaint. If you are unhappy with the decision made by Customer Relations you may wish to seek an external review, such as referring the issue to the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to customers. AFCA has authority to hear certain complaints. AFCA will confirm if they can assist you:

    Free Call: 1800 931 678
    Email : info@afca.org.au
    Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001
    Visit: www.afca.org.au

    Further information about our complaint and dispute resolution process is available by contacting us.

    What do I need to do?

    All Brokers are required, as per their Terms of Trade to report all complaints to us immediately.

    The way you currently advise CGU of a complaint will remain unchanged.

    You will continue to contact the relevant underwriting, claims area or relationship manager to advise of a complaint.

    When is this happening?

    RG 271 is effective from 5 October 2021.

    Further Questions?

    If you have any questions, please contact your Relationship Manager or Underwriting Team.




Claims as a Financial Service (CaaFS)

  • What is happening?

    On 1st January 2022, changes to the Corporations Act 2001 (Cth) will come into effect to include claim handling and settlements as a financial service. Previously, claims services were excluded from being regulated under this legislation. The Financial Services Royal Commission concluded that there was no reason for the exclusion and the industry should operate under these obligations for claims as we do for sales.

    How we operate today will generally remain the same, with some minor changes

    The intent behind this change is to ensure our client’s experience is transparent, consistent, and they are treated fairly, honestly, and as efficiently as possible, during their claim.

    The new legislation states that insurers, insurance brokers and financial advisors with claims authority;

    • must hold an Australian Financial Service Licence to handle and settle claims,
    • or be appointed as an Authorised Representative of a licensee.

    To be compliant, a number of changes will be introduced operationally, to ensure requirements are met. This means across the industry we need to implement adjustments to:

    • The Cash Settlement process and;
    • The Claim Finalisation process.

    Client expectations

    No claim is the same and neither is the client’s experience. In order get our clients back to “normal” after a claim, consistency is the key in how we do it.

    The Australian Financial Services Licence general obligations require that claims are handled efficiently, honestly and fairly throughout the entire claim journey.

    By regulating these services across the industry, we ensure our business processes fully meet these expectations.

    Simple things to remember

    The legislation applies to claims services provided to retail clients holding general insurance/retail products.

    The Cash Settlement Fact Sheet must be sent when a cash settlement is offered and it is not the only legally available option for settlement.

    The Claim Finalisation Letter includes a summary of the transactions between the insurer and retail clients and confirms the claim is closed, with all policy obligations being met.

    What does this mean for brokers?

    Clients must be provided with 2 new documents, where applicable:

    • Cash Settlement Fact Sheet
    • Confirmation of Transaction (also known as the Claims Finalisation Letter

    CGU cannot process a cash payment until the broker or their client accepts the Cash Settlement offer in the Fact Sheet.

    Existing compliance and governance frameworks will extend to cover this legislation.

    What's next?

    CGU will GO Live with our changes for Cash Settlement Fact Sheets from 8 November 2021.

    Claims Finalisation Letter changes will come on 6 December 2021.




Duty to not Misrepresent

  • What is happening?

    The Royal Commission into Banking, Superannuation and Financial Services Industry made several recommendations regarding the rights and obligations of consumers purchasing insurance policies.

    One such recommendation was made to replace the existing Duty of Disclosure (DOD) obligation with a duty on customers to take reasonable care not to make a misrepresentation (DTNM) to an insurer when entering into, varying, extending or renewing a Consumer Insurance Contract.

    What is the Duty to not Misrepresent?

    The changes ensure that obligations for disclosure applied to consumers do not enable insurers to unduly reject the payment of legitimate claims.

    This change also removes the need placed by the Duty of Disclosure on customers to guess or surmise which information might be important for the Insurer with respect to the contract they are about to enter. The DTNM places increased obligations on the Insurers to provide customers with notice on what information may be important for accepting their insurance application and ask specific questions to elicit the information.

    What is IAG’s position in relation to DOD/DTNM?

    IAG opted out of the Duty of Disclosure regime and removed the duty from its consumer retail products and processes in 2015.

    IAG has decided to defer a decision regarding implementing DTNM until 2022 when the regulatory change slate is smaller and IAG can request industry data on DTNM remedies from AFCA.

    Our position in relation to DOD and DTNM means IAG cannot rely on innocent misrepresentation to deny or reduce a claim for Consumer Insurance Contracts until IAG makes a decision to rely on DTNM (section 20B of the Insurance Contracts Act 1984 (Cth)).

    What do I need to know about the changes?

    Any Duty of Disclosure references has been removed from Product Disclosure Statements (PDS) and Policy Wordings for Consumer Insurance Contracts as this duty will cease to exist for these products.

    What products are impacted?

    Removal of Duty of Disclosure applies to Consumer Insurance Contracts – (including general & life insurance contracts) which are obtained for personal, domestic, or household purposes:

    • motor vehicle insurance
    • home buildings insurance
    • home contents insurance
    • sickness and accident insurance
    • travel insurance
    • pet insurance

    When is this happening?

    The DTNM regime came into effect on 5 October 2021.

    Further Questions? If you have any questions, please contact your Relationship Manager or Underwriting Team