Scope and Application
The purpose of this document is to describe our professional relationship and the services we will provide to our clients (you) (except for services, if any, which we are providing under the terms of a separate written agreement executed by you and us). This document takes effect from the date it is received by you and will be effective unless superseded by another terms of business agreement sent to you by us. You should contact us if there is anything in this document which you do not understand or with which you disagree.
Indemnity Insurance Brokers LLC is an Independent Insurance Intermediary authorized by the Insurance Authority U.A.E. under Reference number 219. As an insurance intermediary, we offer services for your insurance and risk management requirement acting for you as your agent, recommending and arranging insurance with one or more insurers selected from a range or a pre-determined panel of insurers, according to the nature of the product required. We are committed to acting in your best interests at all times in providing services to you.
Your direction to bind coverage and/or your payment related to your insurance placement will be deemed your signed, written agreement to be bound by the provisions of this document.
Please read this document carefully. It sets out the terms on which we agree to act for you and contains details of our regulatory and statutory responsibilities.
Pre – marketing services
- Conduct an initial strategy discussion in advance of each placement;
- Assist you in assessing your risks and in developing insurance specifications which we will submit to insurers;
- We will answer any questions you may have on the proposed cover, its benefits, placement structure, restrictions, exclusions and conditions.
- Recommend potential insurers
Marketing and Placement Services
- Solicit quotes from insurers that you select;
- Negotiate on your behalf with insurers;
- Assist you in evaluating the options received from insurers;
- Use best efforts to place insurance for you, but only after you have authorized us to bind coverage for you;
Documentation and other services
- Deliver confirmation of coverage once it is placed;
- Verify documents submitted by you for onward submission to insurer.
- Follow up with insurance carriers to obtain policies and/ or endorsements. We may deliver your insurance policies and endorsements to you electronically;
- Review policies and endorsements for conformity with agreed terms and coverages;
- Provide coverage summaries;
- At your request, arrange certificates of insurance from your insurer.
- Review premium, rating adjustments, and other related calculations by Insurers;
- Provide you with invoices, Remit premiums to insurers and, where applicable, remit taxes and fees to the relevant authorities, following receipt thereof from you;
Claims related services
We will provide the following claims handling services for the period of our appointment. These services can be continued beyond that point by mutual agreement but will be subject to additional remuneration.
- Evaluate coverage applicability on all placed business
- Assist you in the development of settlement strategies
- Advise and assist you in preparing necessary documents for claim submission.
- Assist you with insurer negotiations
- Prepare loss notices to insurers and notify insurers of claims and related circumstances, provided that we are informed in writing by you of the claim with details of the claim.
- Communication of reports and correspondence in connection with the claim between appropriate parties
- Arranging the collection and/or settlement of the claim in accordance with market practice and the terms and conditions of your insurance policy.
Our claim handling services will not be provided in the event that claims are to be dealt with by you with insurers directly. We may use third party claims handling services, however, where we intend to do so we shall inform you prior to the inception of the insurance contract.
For certain classes of insurance, you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you.
Disclosure of material information
It is your responsibility to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of your policy, and when you renew your insurance. Failure to disclose all material facts could render your insurance invalid and you may not be given protection in the event of a claim. A material fact is information which would influence the judgment of a prudent insurer in fixing the premium or determining whether to accept the risk.
Please discuss with us if you are in any doubt as to whether or not information might be material or if you have any concerns that insurer might not be aware of all material information.
Change in circumstances
You must advise us as soon as reasonably practicable of any changes in your circumstances that may affect the services to be provided by us or the cover provided under your insurance contract
Choice of insurer
If you have any concerns with any insurers chosen for your insurance requirements you must advise us as soon as possible.
Your insurance contract
Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should contact us immediately.
Please carefully consider any claims reporting conditions mentioned in you insurance contract because failure to report a claim in a proper and timely manner may jeopardise coverage under the policy. In addition, you should retain copies of all insurance contracts and coverage documents as well as claims reporting instructions, as you may need to report claims after the termination of a contract, perhaps long after its expiry date. It is important, therefore, that you keep your contract documents in a safe place.
Payment of premium
You will provide settlement with cleared funds of all monies due in accordance with the payment date(s) specified in our debit note or other relevant payment documentation (“Payment Date”). Failure to meet the Payment Date may lead to insurers cancelling your contract, particularly where payment is a condition or warranty of a contract. It is imperative that you meet all payment dates. We are under no obligation to pay premium to insurers on your behalf.
Taxes and fees
We may place insurance for you that may require the payment of insurance premium taxes, Value Added Tax and similar taxes and/or fees to federal, state or foreign regulators, boards or associations. You agree to pay such taxes and fees. We will remit any taxes and fees that we collect from you to the appropriate authorities.
Confidentiality and data protection
Information you provide to us will be passed on to underwriters, co-brokers, subsidiaries and subcontractors when acting on your behalf (We may submit information to your insurers in an electronic format either by website or email.) This information will remain confidential but may be used to help insurers check the information provided. We will retain appropriate documents relating to business effected on your behalf in electronic or paper format even after the expiry of the policy.
Information provided to you by us by way of reports and publications constitutes confidential and proprietary information belonging to us and may only be disclosed and/or used in accordance with permission granted by us.
Know your customer (KYC) documentation
Insurers may contact us to request a copy of your KYC documents. In response to this request we will share your KYC documents with the respective Insurer
Our remuneration for the services we provide you will be either brokerage, which is a percentage of the insurance premium paid by you and allowed to us by the insurer with whom your insurance contract is placed, or a fee as agreed with you. Brokerage and fees are ordinarily earned for the period of the contract at inception, and unless otherwise agreed with you, we will retain all fees and brokerage in respect of the full period of the contract in relation to contracts placed by us including in circumstances where your insurance contract has been terminated and your insurers have returned prorated net premium. Consistent with long-established market practice, we will deduct our brokerage and other commissions from the premium once received.
Limit of liability
In no event shall either party to this Agreement be liable for any indirect, special, incidental, consequential or punitive damages or for any lost profits arising out of or relating to any services provided by us or our affiliates. The aggregate liability of Indemnity, its affiliates and their employees to you or your affiliates arising out of or relating to the provision of services by Indemnity or its affiliates shall not exceed AED 2,000,000.00. This provision applies to the fullest extent permitted by applicable law.
It is our aim to provide a first-class standard of service at all times. However, there may be occasions where you feel that this has not been achieved. We encourage you to bring such instances to our attention, as this will help us provide you better service in future. All complaints should, in the first instance, be addressed to the Compliance Officer. Complaints can be submitted electronically via email, our website, or via paper letter sent at our registered address. Complaints will be acknowledged within 48 hours and you will be advised of the person who will be dealing with the complaint. For complete details of our complaints handling procedure, please refer our website.
Cancellation of this agreement
Our services may be terminated either by us or you upon the giving of one month’s notice in writing to the other or as otherwise agreed. In the event our services are terminated by you, we will be entitled to receive any and all fees or brokerage payable (whether or not the same have been received by us) in relation to contracts placed by us.
This document and any amendment constitute the entire terms on which we will provide general insurance business with you and no alternative will have effect unless issued or agreed by us in writing.
Law and jurisdiction
These terms of business shall be governed and construed in accordance with UAE Law.