WHO CAN ACCESS THE BENEFITS OF THE CODE? (CLIENT - referred to as �you� and �your� in the Code)
A person is covered by the Code as a Client in relation to the Covered Services we provide to them.
However, a Client will not include any:
insurer or its agents;
other type of insurance intermediary; or
other insurance service provider such as a premium funder and loss adjuster,
except to the extent we have provided Covered Services to them in relation to or arising from their proposed or actual purchase of insurance or Associated Services.
For example, if an insurer uses our services to acquire insurance on their behalf, they are a Client in relation to that insurance and any premium funding referral we may make related to the insurance. If we act as their agent in selling insurance for them to others or act for an insured in arranging insurance with them as insurer, they won�t be a Client in relation to these services.
The Code only applies in relation to persons (this includes companies, partnerships, trustees and natural persons) who can show that the Code Member has provided a Covered Service to them.
This would typically include:
anyone the Code Member expressly agrees to provide Covered Services to;
an insured covered under a policy arranged by a Code Member (even where only one insured is dealing directly with the Code Member)
Whether it will include a person who is not a contracting insured but:
is specified in a policy as entitled to claim (e.g pursuant to section 48 of the Insurance Contracts Act or at general law)
a person that is a loss payee (ie a person that the insured directs the insurer to pay if the insured has a valid claim e.g a credit institution),
depends on whether that person can show that the Code member did in fact provide Covered Services to them. This will depend upon the circumstances of each case. If Code Members wish to avoid arguments in this respect they should make their position clear in any documentation such persons may read or get access to.
The Code also does not generally apply to an insurer or its agents; any insurance broker; other type of insurance intermediary; or other insurance service providers such as premium funders and loss adjusters.
It can only apply to these parties to the extent they are provided with Covered Services which are in relation to or arising from their proposed or actual purchase of insurance or Associated Services.
It would not be appropriate for other scenarios to be covered as it could, for example, allow competitors or persons insurance brokers deal with when acting for insureds, to make complaints, which is not the intent behind the Code.
An insurer could not make a complaint against a Code Member for its conduct when acting for an insured or when acting as agent of the insurer in selling insurance on their behalf.
One insurance broker could not complain about the conduct of another insurance broker e.g in relation to the taking over of a client's business or other competitive type issues such as advertising.
Guidance - This is general guidance designed to assist Code Members and Consumers to better understand the Code but does not form part of the Code itself. It should not be relied on as legal advice and while it is updated from time to time, it may not be current or accurate and you need to make your own enquiries and seek appropriate professional advice in this regard.