Details of the risks that Lloyd’s Europe can accept from brokers and coverholders that are not authorised by a European Union (EU) or European Economic Area (EEA) regulator.
All EU member states, and the EEA countries of Norway, Iceland and Liechtenstein, have indicated that they will comply with Recommendation 9 of the European Insurance and Occupational Pensions Authority’s (EIOPA)’s ‘Recommendations for the insurance sector in light of the United Kingdom withdrawing from the European Union’.
The adoption of Recommendation 9 by European national regulators means other than where all intermediaries in the chain are authorised within the EEA/EU, Lloyd’s Europe is not able to accept new or renewing business (both insurance and reinsurance) from intermediaries where the risk in question is for a policyholder in the EU/EEA state and the risk location for that risk is within the EU/EEA. This primarily impacts brokers and coverholders that have their authorisation in the UK from the Financial Conduct Authority (FCA) and previously conducted business within the EU in reliance on passporting rights.
During 2020 Lloyd’s contacted all brokers and coverholders who were no longer be able to bring impacted business to Lloyd’s Europe to explain the changes and the steps that needed to be taken.
Lloyd’s Europe is working to ensure that, following Brexit, Lloyd’s policyholders across the EU/EEA can continue to access the underwriting expertise and financial security of the Lloyd’s market and their existing policies can continue to be serviced by the Lloyd’s market, including the payment of valid insurance claims. Where brokers and coverholders have established EU/EEA authorised companies Lloyd’s Europe has established fast track processes to onboard them.
Following the adoption of Recommendation 9, Lloyd’s Europe needs to make changes to the business it can accept through non-authorised intermediaries. Recommendation 9 also has implications for the administration of business to be transferred to Lloyd’s Europe pursuant to the Part 7 scheme undertaken by Lloyd’s in December 2020. Complete information on the requirements for Brokers and Coverholders and on the options for transferring the servicing of the business is included in the EIOPA Recommendation 9 guidance.
Lloyd’s has produced an addendum to the standard Lloyd’s Europe TOBA to be signed by UK authorised brokers, which confirms that the Lloyd’s is unable to accept impacted business from them. Lloyd’s Europe has written to all brokers that are required to sign this addendum.
UK authorised coverholders that have a Coverholder Authority Agreement (CAA) with Lloyd’s Europe should endorse their binding authorities to confirm that the coverholder will not bind ‘impacted business’. LBS0082 has been prepared for this purpose.
EU/EEA authorised brokers that wish to place business, including business impacted by Recommendation 9, with Lloyd’s Europe must first enter into a TOBA with Lloyd’s Europe. If an EU authorised firm does not already have a TOBA with Lloyd’s Europe, it will need first to be registered as a Lloyd’s Broker, for which Lloyd’s operates a fast-track process for groups that have an existing registered Lloyd’s Broker. For further details please contact LloydsEurope.TOBA@lloyds.com.
Coverholders that wish to be appointed by Lloyd’s Europe must first enter into a CAA and will require approval as a Lloyd’s coverholder. Coverholders should contact their broker who will advise on the process or otherwise contact LloydsEurope.DelegatedAuthority@lloyds.com.
If you have any further questions that are not covered in our frequently asked questions section below, please contact:
Brokers: LloydsEurope.TOBA@lloyds.com
Coverholders: LloydsEurope.DelegatedAuthority@lloyds.com