1 authorised representative training v3 · 2020-06-23 · crm brokers’ financial services guide...
TRANSCRIPT
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Federal Government legislation that regulates
providers of financial services and products
(including insurance products) It is designed to:• bring various financial services and products under one
licensing regime;
• introduce a new disclosure regime for most financial products;
and
• establish a standard of conduct for financial service providers.
** This will improve the way we do business!**
Financial Services Reform Act (FSRA)
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FSRA deems a person will be considered to provide a
"financial service" if they:
• deal in a financial product;
• provide financial product advice;
• make a market for a financial product;
• operate a registered managed investment scheme;
• provide custodial or depository services etc.
As an Authorised Representative / Distributor of CRM
Brokers, you are providing financial product advice when
it comes to insurance products.
Financial Services Reform Act (FSRA)
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FSRA has various disclosure requirements for financial
products and services. For strata, this includes:
• Product Disclosure Statement (PDS);
• Financial Services Guide (FSG).
These documents include material information that might
reasonably be expected to influence a client's decision to
purchase the service or product.
They must be sent to the Owners Corporation (OC) or
Strata Committee (SC) at the time of taking out the
insurances (for the first year only).
Financial Services Reform Act (FSRA)
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CRM Brokers’ Financial Services Guide will list:
• details of CRM Brokers as the holder of an Australian
Financial Services Licence
• details of the strata company as an Authorised
Representative of CRM Brokers
• the type of advice the strata company can give i.e.
general financial advice only (includes factual information)
• who to contact if the client has a complaint
Financial Services Guide (FSG)
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The PDS is usually in the first few pages of an Insurer’s
policy wording booklet. It will list:
• details of the underwriting agency and the insurer who
provides authority for the agency to bind cover on its behalf
• a basic summary of the insurance product
• details of the cooling-off period
• duty of disclosure requirements (Insurance Contracts Act)
• claim lodgement details
• dispute resolution
• privacy of information details
Product Disclosure Statement (PDS)
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www.crmbrokers.com.au/strata-policy-wordings
Where can I find the PDS?
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Section 21 of the Insurance Contract Act 1984 requires
the insured to disclose all material information that is
relevant for the insurer’s decision making process.
You must reveal everything you know or that a
reasonable person in the circumstances could be
expected to know, information about the strata plan.
This would include (but not be limited to):
• Claims information
• Known defects/hazards including cladding material,
EPS and any non-compliant material such as asbestos.
• General information about the building
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Duty of Disclosure
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Section 28 of the Insurance Contract Act 1984 – where
there is fraudulent disclosure, the Insurer can avoid
the contract or reduce their liability on a claim.
Section 54 – the insurers may reduce or exclude the
liability due to some act by the Insured causing or
contributing to the loss and therefore the insurers liability
has been prejudiced.
Non action can also be regarded as an action
Section 60 – policy cancellation due to non
compliance
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Non Disclosure
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What are the 3 (three) compulsory
covers under Strata Scheme
Management Act (SSMA)?
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Claims-Made
• Office Bearers Liability
• Legal Defence Expenses
• Audit Costs
• Work & Health Safety –
Appeal Expenses
Claims-Made VS Claims Occurrence
Claims-Occurrence
• Building
• Public Liability
• Voluntary Workers
• Machinery Breakdown
• Lot Owner’s Fixtures &
Improvements
What is the difference?
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Provides cover to the Owners Corporation for their
legal liability in the event of an occurrence causing
property damage or personal injury. The law
requires that strata and community title properties
carry at least $10 million in legal liability cover.
($20 Million in NSW).
Q: What triggers the cover?
Public Liability cover
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The policy is structured to provide monetary
benefits if a voluntary worker dies or is injured
while carrying out their voluntary work on behalf of
the Owners’ Corporation (as a result of an
accident). In some cases, this cover can also
include travel expenses, loss of wages and
domestic assistance.
The list of benefits under this cover is provided in
Insurer’s PDS.
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Voluntary Workers cover
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This section provides cover for any loss that the
insured incurs resulting from fraudulent
misappropriation of their funds, including securities
and tangible property by a person with the
responsibility to protect and care for the funds. To
claim under this section, the loss has to have
occurred during the insurance period and
discovered no more than 12 months after the
expiry/renewal date.
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Fidelity Guarantee cover
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Office Bearers are:
• Chairman
• Treasurer
• Secretary
Plus other elected members up to 9 people (except for 2-lot schemes)
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Office Bearers
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Intended to indemnify the committee members for
any losses caused by a wrongful act resulting in a
claim.
Wrongful act can include mistreatment, neglect or
breach of duty, errors and act or omission.
Claim could arise from any decisions they make or
failed to make but should have made.
Does not cover fraudulent, dishonest, criminal
acts, libel or slander.
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Office Bearers Liability cover
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Cover is on a ‘claims made’ basisi.e. you must notify the insurer of any possible
Office Bearers claim before the policy expires.
Coverage applies only to claims first made against
the Strata Committee (SC) during the period of
insurance and notified to the insurer during such
period of insurance.
Cover limit is in aggregate for all SC members.
If you had $100,000 cover and 9 SC members,
that’s $11,111 each member.
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Office Bearers Liability cover
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They are governing the Strata Plan and most of
the time, on a voluntary basis. But they can be
sued for any decision they make and the dollar
amount is unlimited.
Their personal assets could be at risk (if done in
good faith for the purpose of executing functions
under the Act, the liability attaches to the Owners
Corporation instead) – Section 260 Strata Scheme
Management Act 2015
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Office Bearers – What is the risk?
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An individual on the SC approached a lot owner
who was pruning a tree which the council had
ordered was not to be pruned. The SC member
placed her hand on the lot owner’s shoulder when
talking to her.
Q: Is this example covered under OBL?
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Office Bearers – Example One
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A SC member (Treasurer) was heading overseas
and paid just over $100,000 to a painter before he
left. This was payment in advance for painting the
building.
The painter disappeared.
Q: Is this example covered under OBL?
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Office Bearers – Example Two
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A lot owner in a townhouse complex asked the SC
member if they could replace the fences in their
lot. The SC member gave permission.
The SC told the lot owner to replace the new fence
with something similar to the rest of the fences in
the complex. The lot owner sues the SC member.
Q: Is this example covered under OBL?
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Office Bearers – Example Three
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Cover for any legal expenses you incur in defence
of a legal proceedings brought against the Owners
Corporation.
Q: Are there other legal defence expenses covers
under strata policy?
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Legal Defence Expenses cover
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Provides cover against any escalation in
rebuilding/replacement costs due to a
catastrophe (emergency) event declared by a
government authority.
Q: What triggers the cover?
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Catastrophe cover
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Provides protection against unexpected sudden physical
damage or destruction to machinery, requiring replacement or
repair in order for the continuation of normal operations.
Generally includes damage to mechanical and electrical
machinery, pressure vessels and boilers and any other plant
equipment that forms part of the building.
Cover for Escalators, elevators and lifts may be subject to a
maintenance agreement in place.
Some insurers cover Loss of Rent arising from Machinery
Breakdown event.
Q: What’s the difference with Fusion cover?
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Machinery Breakdown cover
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Paint cover: covers the costs incurred in the re-wallpapering or
repainting of internal walls or ceilings of a lot/unit as a result of a
claimable event under Section 1 - Building.
Floating Floorboards: this cover provides protection against
laminated, engineered, veneered or similar type flooring not fixed to the
sub-floor, but held in position by their own weight and/or skirting
boards.
Flood: cover against unforeseen flooding, including repair and
replacement costs necessary to restore the affected area. Flood
protection applies when water from a lake, river, creek, reservoir,
watercourse, dam or canal (whether they are in their original state or
have been modified) overflows onto usually dry land.
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Other Optional covers
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Under CRM Broker’s Authorised Representative
(AR) Agreement, you can give:
• Factual Information
• General Advice
But not Personal Advice!
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Advice
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Factual information is accurate and objective
information about:
• The services that you offer (e.g. arranging the strata
insurance policies); and
• The features of the strata insurance (e.g. the benefits, the
various limits on cover, etc.).
As long as you can factually support the statements you
make, you are giving factual information.
Don’t give your personal opinion!
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What is Factual Information?
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Fact 1: The Product Disclosure Statement
summarises the policy benefits, limits of liability,
and what it does not cover.
Fact 2: Your current policy doesn’t have Office
Bearers Liability cover in place.
Fact 3: The minimum cover for Public Liability is
$20 Million as per the Strata Schemes
Management Act (NSW).
Fact 4: Floating Floorboards cover is available
with this insurer.
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Factual Information Examples
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General advice is a general statement,
recommendation or opinion that influences or
could influence the Owners’ Corporation to make a
decision about the strata insurance.
It is not based on their personal circumstances (as
this will then be personal advice).
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What is General Advice?
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General Advice 1: A valuation report carried out by a
prescribed professional for insurance purposes would
assist the Owners Corporation in reviewing the
Building Sum Insured (BSI) to avoid underinsurance.
General Advice 2: In our experience, your current
Insurer has excellent claims services.
General Advice 3: Some Insurers may not provide
terms if not all information about Aluminium
Composite Panels (ACP) is provided.
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General Advice Examples
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Financial Services Reform Act (FSRA) says: If
you give general advice you must give the
following general advice warning:
“This is general advice and it may not be right for
you.”
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General Advice Warning
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A written general advice warning also appears in
the insurance documentation:
“This is general advice. It doesn’t take account of
your personal circumstances and whether the
product is right for you. Before you make a
decision, read the Product Disclosure Statement.”
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General Advice Warning
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Personal advice is a statement, recommendation
or opinion you make that influences or could
influence the owners’ corporation to make a
decision about strata insurance where:
• You have considered their needs, financial
situation or objectives; or
• They reasonably assume you have considered
their needs, financial situation and objectives.
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What is Personal Advice?
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Even though you may know about the Owners’
Corporation’s circumstances because you manage
the strata scheme, you cannot advise them if
insurance is appropriate for them. They must
decide for themselves.
You can tell them about the different policies, and
the types of situations a policy may be suitable for,
but you cannot tell them which policy suits them.
You must leave the decision to the Owner’s
Corporation.
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What is Personal Advice?
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Personal Advice 1: “I think you should insure your building
for $5 million. That will cover you in the event of a total
loss.”
Personal Advice 2: “Because your building includes an
underground car park, you should consider a policy that
includes cover for removal of water from a car park or
basement.” - This is personal advice because you have
made a recommendation based on the client’s personal
circumstances.
Personal Advice 3: “You should only get $500,000 Office
Bearers cover. That will be enough.”
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Personal Advice Examples
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In accordance with Terrorism Insurance Act 2003
Starting from 1st July 2017, buildings that fall within
the below categories are subject to Terrorism
premium (Levy);
1. 20% commercial floor space and higher or;
2. Building Sum Insured (BSI) equals to or greater
than $50 Million
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Terrorism Premium (Levy)
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A strata by-law is a set of rules for strata’s internal
governance purposes whereas the PDS is the
insurer’s document detailing their product
(inclusions/exclusions).
In the event of a claim, the Insurer will refer to their
PDS.
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Strata By-Law vs PDS
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Each claim needs to be assessed on its own
merits
Supporting documentation is essential, including
completion claim notification form, images,
All insurers are different and offer different
coverage.
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Claims – Is something covered?
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What is required when lodging a claim
• Causation i.e. how did the damage occur
• Date of the Incident (Date of Loss)
• Settlement Preference e.g. EFT (bank details)
• GST Registration Status, ABN Details & GST %
• Copies of Work Orders
• Copies of Quotes & Invoices for repairs
• Where possible, detailed images
Claims can be lodged through our online portal –
www.crmbrokers.com.au/strata-claims-notification
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Lodge a claim as soon as possible.
CRM Brokers will lodge the claim with the Insurer
within 24-48 hour of written notice.
Claims marked “Urgent” will be lodged within the
same day – Call Us on 1300 880 494
If an assessor is required a claim will be lodged
with the insurer same day.
If a claim is lodged late – the Insurer will ask to
provide advice as to why the late notification.
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Claims – Time Frames
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Question Time & Test
Please complete the short test available on our website,
the link will be emailed to you.