Insurance advisers warned against cancellation cash grabs
Insurance advisers’ have been warned not to attempt to claw back lost commission by hitting clients’ with hefty fees when they cancel insurance policies.
Monday, January 7th 2013, 7:14AM 15 Comments
The warning comes from Financial Services Complaints Ltd. (FSCL) chief executive Susan Taylor, who said the disputes resolution scheme had dealt with 10 cases where an adviser had attempted to charge clients substantial fees when cancelling a policy within the first two years.
“It’s not necessarily reasonable to charge an amount equivalent to the two years commission that the adviser will lose, because we’ve seen instances where they’ve basically said we’ve lost $3,000 worth of commission so that’s the fee.”
“We have seen cases where they’ve [the client] been charged several thousand dollars,” Taylor said.
She said that while charging a cancellation fee was perfectly legitimate, advisers risked problems if such a fee was not adequately disclosed or relative to the service they provided the client in obtaining the cover.
“They would have had to spend an awful lot of time with the client to justify a fee of that magnitude,” Taylor said.
“There is nothing wrong with charging a fee provided that the fee is very clearly disclosed to the client at the time they take out the insurance, not buried in the small print of the client agreement. There, in plain English and drawn to their attention.”
Taylor said that of the 10 complaints received, one was formally upheld while the others were settled through negotiation via FSCL.
Neither the Insurance & Savings Ombudsman nor the Financial Dispute Resolution scheme have receive a complaint on the issue.
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Comments from our readers
Put it down to a cost of business and move on as we have the ability to write more tomorrow.
I have never charged a fee for a clients misery - I'm sure that they are felling bad enough about other issues causing this result.
Given that the actions of the above style of cowboy brokers will eventually force the FMA is move on this, it would be very useful for the insurance broker industry to be a bit more pro-active and impose their own disciplinary process and commission rules before the FMA is forced to do it for them.
Seeing 'clients' as 'punters' or 'prospects' to be hard sold to for short-term profit is not a good place to start or a viable long term occupation.
Two years is not a long time in the grand scheme of things when we are talking about a life or income protection policy.
All of the insurers are now taking a harder line on persistency (who can blame them) as they don’t want agency agreements with advisers who sell a high average API per sale but then have all the policies drop off the books within a short space of time. This is not profitable business for insurance companies to write and pay commission on.
For an adviser to try and charge their client a fee for the lost insurance commission resulting from a claw back is frankly pathetic.
As Andy said above – move on guys, that’s life. Focus on your next client and perhaps make sure this time you actually sell them what they need and can afford.
and with everyone jumping on the "online" bandwagon, then persistency is really going out the window as this business is not long term
i can't comment on individual circumstances with regards to charging fees for lapses, but i don't think it is a bad idea - what would be a better idea though, would be to charge the fee at the beginning while just taking a higher ongoing renewal - hence no writeback
where there is a will there is a way
Agree with your comment about persistency levels for online business. Remember the online option takes personal responsibility on the part of the client applying for cover and as far as Kiwis are concerned taking out life insurance etc. ranks below the monthly SKY subscription now in terms of one of life's priorities. Sad but true for most in this country with young families.
Over the last three years when I have been doing this I have had 5 cancellations.
One was because they could no longer afford it due to redundancies (I charged no fee).
Three were because they had been advised by their bank that they had the better product and showed them comparisons of the products that they were cancelling to the ones that they were going to.
The fifth one was because his friend in his church advised him that the policy he sold was better. His friend gave him no disclosure statement, no BRA was completed, no advice from the friend saying that non Pharmac drugs were not covered anymore, that the policy was not guaranteed anymore plus other things also.
I charged all four a fee. All four questioned it. They all had a copy of the terms of agreement which I explained to them and they signed. I sent them another copy with their invoice. Two of the three that were advised by the bank stayed with me and the third stayed with the bank (I think that they became embarrassed that they had changed actually) BUT THE OTHER TWO PAID.
I have changed how much I charge over the years. From the actual amount of commission to be repaid to $2,400 per month reducing by $100 each month to now, which is $500 per adult in the first year and $300 per child reducing to $250 per adult and $150 per child in the second year. All plus GST.
It’s not about recovering the commission. It’s about having a deterrent from changing on a whim. Or from someone trying to sell an inferior product to save a couple of dollars per month. Or going on line and getting no advice.
Don’t be afraid to have terms of agreement. Explain what it is. Every clause, not just the fee clause. If they questions why the fee clause is in there, tell them. It’s to stop you changing products for no good reason. I have to repay the commission that is paid. And as it is of no fault of mine if you change to another adviser or a bank then why should I have to not get paid? Would you like it of you went to work and the boss said “sorry but the week of wages from six months ago we have to take back because the order we got that week was cancelled”. The clients understand and don’t have a problem with it.
Be upfront. Explain it. NO problems.
I find that keeps the bankers at bay better than threatening to charge a fee.
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