| Party |
Role |
Who owes a duty to whom? |
| Policy Holder |
A person or company who buys or holds an insurance policy; usually, the client in whose name an insurance policy is written. |
The policyholder is the client of the retail broker and has a duty to disclose material facts to the managing agent when an insurance contract is being negotiated, subsequently amended or renewed. |
| Retail Broker |
The retail broker advises the policyholder about insurance options, choice of cover and risks to be insured for the policyholder, from a range of insurers. |
The retail broker is the agent of the policyholder and the client of the coverholder and has a duty to act in the policyholder’s best interests. |
| Coverholder |
The coverholder is a company authorised by a Lloyd’s managing agent (on behalf of the Lloyd’s syndicate) to enter into contracts of insurance and/or issue insurance documentation, on behalf of the members of a syndicate.
A coverholder may also be authorised by the Lloyd’s managing agent for collecting premiums and handling claims. The exact nature of the coverholders authority to act for the Lloyd’s managing agent must be set out in the binding authority. |
The coverholder acts as the agent for the managing agent, rather than as the policyholder’s agent. When a coverholder, acting under the terms of a binding authority with the managing agent, enters into contracts of insurance to be underwritten by the managing agent, or issues insurance documents, they are acting as the agent for the managing agent.
A coverholder also acts as agent for the managing agent for collecting premiums or handling claims. The exact nature of the coverholders authority to act for the Lloyd’s managing agent is set out in the binding authority. |
| Lloyd’s broker |
The role of the Lloyds broker, on behalf of the coverholder is to:
- Arrange and administer the binding authorities.
- Negotiate terms and conditions of the binding
authority with the managing agent. - Sponsor new coverholders.
- Manage the day to day relationship with
the coverholder. - Arrange renewal and find new syndicates
if necessary. - Handle items which fall outside of the terms
of the binding authority. - Preparation and submission of reporting to the
managing agent and to Xchanging.
|
A Lloyd’s broker usually acts as the agent for the coverholder and acts as the point of contact between the managing agent and the coverholder. |
| Xchanging |
A company which provides the Lloyd’s and the London market with a single processing of regulatory and tax information and cash settlement of premiums and claims. |
Within Xchanging XIS (Xchanging Ins-sure Services) and XCS (Xchanging Claims Services) responsible for Lloyd's market processing. |
| Managing Agent |
These are companies approved by Lloyd’s and authorised by the FSA to manage one or more Lloyd’s syndicates. The managing agent is responsible for managing all aspects of a Lloyd’s syndicate. |
Managing agents have the authority to enter into binding authorities. The managing agent acts on behalf of all of the capital providers of the Lloyd’s syndicate. It is the agent of the capital providers and has a duty to act in their best interests.
This includes:
- Establishing the syndicate business plan
- Establishing the syndicate’s capital
- Managing and modelling the syndicate’s risks
- Appointing underwriting and claims staff
- Setting reserves
|
| Syndicates |
Capital providers at Lloyd’s are called Lloyd’s members. A Lloyd’s member can provide capital to one or more Lloyd’s syndicates. The syndicates operating within the market specialise in many areas of insurance including:
- Marine - Aviation - Property - Non- Marine - Motor - Reinsurance
Syndicates work with Lloyd’s brokers to tailor solutions to respond to the specific needs of the client, thus offering choice, flexibility and continuing innovation. Syndicates compete against each other. Syndicates cover either all or a portion of the risk. They are staffed by underwriters, the insurance professionals on whose expertise and judgement the market depends. |
Syndicates operate as independent business units within the Lloyd’s market and are managed by Lloyd’s managing agents. Syndicates are formed for one year and reformed each year, sometimes with the same and sometimes with different capital providers. |
| Members |
Members are the insurers and accordingly provide the capital to support syndicates’ underwriting. Members include some of the world’s major insurance groups and companies listed on the London Stock Exchange, as well as individuals and limited partnerships. |
Members of Lloyd’s underwrite insurance by forming groups of members known as syndicates. Members authorise the managing agent of the syndicate to underwrite insurance risks on the behalf. |
| Corporation of Lloyd’s |
Lloyd’s is not an insurance company, it is a market where members join together as syndicates to insure and reinsure risks. Much of Lloyd’s business works by subscription, where more than one syndicate takes a share of the same risk.
The Corporation of Lloyd’s main activities include: - Establishing and maintaining the standards that are expected of all the managing agents.
- Overseeing the performance of all the managing agents.
- Making sure all the managing agents are adequately capitalised, including the central fund.
- Obtaining and maintaining insurance and reinsurance licences for Lloyd’s throughout the world.
- Undertaking financial and regulatory reporting on behalf of the Lloyd’s market.
- Protecting and promoting the Lloyd’s brand globally.
- Maintaining the overall credit rating for the Lloyd’s market.
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Lloyd’s has the statutory power to supervise the Lloyd’s market and those who operate in it. In practice it does this through the franchise board, which is responsible for the day to day management of the Lloyd’s market.
Lloyd’s supervises coverholders as part of its statutory role in supervising the Lloyd’s market.
This supervision is carried out through the approval process and then through Lloyd’s ongoing supervision of all approved coverholders. The department that is responsible for coverholders on a day to day basis is the Delegated Authority Team. |