LLD 6
Complaints
from policyholders
LLD 6.1
Enabling provision, application and purpose
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Enabling provision and application
LLD 6.1.1
See Notes
The insurance market direction in
this chapter is given under section 316(1) of the Act (Direction by Authority) and applies to members.
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Purpose
LLD 6.1.2
See Notes
The insurance market direction given in this chapter is intended to protect the interests of policyholders and potential policyholders by:
(1) making members subject to the Compulsory Jurisdiction of the Financial Ombudsman Service with respect to the carrying on of insurance business; and
(2) enabling the complaints of policyholders who are eligible complainants to be dealt with under the rules of the Financial Ombudsman Service.
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LLD 6.2
Insurance market direction on policyholder complaints
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LLD 6.2.1
See Notes
(1) With effect from commencement, Part XVI of the Act (The Ombudsman Scheme), and in particular section 226 (Compulsory jurisdiction), applies to the carrying on of insurance business by members.
(2) For the purposes of (1) 'insurance business' means the regulated activities of effecting or carrying out contracts of insurance written at Lloyd's.
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LLD 6.2.2
See Notes
Part XVI (The Ombudsman Scheme) is a core provision mentioned
in section 317(1) of the Act (The
core provisions).
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LLD 6.2.3
See Notes
Section 317(2) of the Act (The core provisions) provides that references
in an applied core provision to
an authorised person are
to be read as references to a person in
the class to which the insurance
market direction applies. The effect of this, and of the insurance market direction set
out at LLD
6.2.1 D, is that Part XVI of the Act (The Ombudsman Scheme),
and in particular section 226 (Compulsory jurisdiction), apply also to members.
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LLD 6.2.4
See Notes
Guidance on
the jurisdiction of the Financial
Ombudsman Service in relation to members is given in DISP
2.5.3 G. The handling of a policyholder complaint against a member is covered in DISP
1.7.1 R and DISP 1.7.2 R.
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