IRISH INSURANCE FEDERATION 10ÓÑ ANNUAL REPORT AboutAbout the IIFthe IIF
The IrishThe Insurance Irish Insurance Federation Federation (IIF) was(IIF) wasfounded founded in 1986, in 1986, and and is theis the representative representative body body forfor insuranceinsurance companiescompanies in Ireland. in Ireland. The IIF The has IIF 63 has member 64 member companies, companies, which which employ employ over over 15,000 14,000 people. people. This This includesincludes insurers insurers serving serving both boththe domestic the domestic market market and and writing writing business business in inoverseas overseas markets markets fromfrom a base in Ireland.base Collectively, in Ireland. IIF Collectively, members writeIIF members over 95% write of over all life95% and of allnon–life life and insurance non-life insurancebusiness businessin Ireland. in Ireland.
As the Asvoice the voiceof insurance of insurance companies companies in Ireland, in Ireland, IIF’s IIF’skey keyfunctions functions include: include:
• • Representing Representing its members’ interestsinterests to to Government, Government, state state agencies, agencies, regulatory regulatory bodies; bodies, public public representatives,representatives; otherother nationalnational interest interest groups, groups, the the media media and and the thegeneral general public; public;
• • Representing Representing the position ofof membersmembers at at a aEuropean European level, level, particularly particularly via Comitévia Comité Européen Européen des des Assurances,Assurances, the European associationassociation for for national national insurance insurance company company representative representative bodies; bodies;
• • Keeping Keeping membersmembers abreast ofof relevant relevant policy policy and and regulatory regulatory developments developments and andproviding providing a forum a forum forfor member member debatedebate on suchsuch issues;issues;
• • Providing Providing informationinformation toto Government,Government, the the wider wider policy-making policy–making community community and andthe public the public about about insurance.insurance.
Irish Insurance Federation 1 Irish Insurance Federation 2 Contents
Section A 4 Offi cers and Management 5 Board and Committees 7 President’s Statement 9 Chief Executive’s Report 13 Life and Pensions Issues 15 Non–Life Insurance Issues 17 EU and International Review
Section B 21 Directory of Members
Irish Insurance Federation 3 Offi cers and Management
Brian Forrester Stuart Purdy Michael Kemp President & Life Vice President Chief Executive Committee Chairman
Michael Horan Jennifer Hoban Paul MacDonnell Non–Life Insurance Life Assurance Manager Head of EU, Regulatory Manager Affairs & Planning
Niall Doyle Ajay Pathak Jane O Driscoll Corporate Affairs Head of Shared Services PR and Communications Manager Manager
Irish Insurance Federation 4 Board and Committees
Board 2009/10
Brian Forrester (President) Bank of Ireland/New Ireland Brendan Murphy Allianz Gerard Davis Anglo Irish Jim Dowdall Aviva Andrew Langford FBD Rachel Panagiodis Hansard Gerry Hassett Irish Life Philip Smith RSA Patrick Manley Zurich Paul Haran External Board Member
(as at 31/12/2009)
Irish Insurance Federation 5 InIn additionaddition toto the the Board Board a and wide the range Life andof other Non-Life committeesManagement and Committees, working groups a wide meet range throughout of other thecommittees year, dealing and workingwith specialist groups areas. meet throughout the year, dealing with specialist areas.
Board Sub–Committees Board Sub-Committees Codes and Standards, Risk Improvement and Cost Reduction DistributionCodes and and Standards, Intermediary Risk ImprovementRelations and Cost Reduction EUDistribution & International and Intermediary Affairs Relations Political,EU & International Media and Affairs Communications Regulatory, Legislative and Fiscal Political, Media and Communications Regulatory, Legislative and Fiscal
Life Committees and Working Groups
InternationalLife Committees Life Assurance and CommitteeWorking Groups PensionsInternational Committee Life Assurance Committee Tax, Actuarial and Finance Committee Pensions Committee Underwriting and Claims Committee Tax, Actuarial and Finance Committee Underwriting and Claims Committee
Non–Life Committees and Working Groups
ClaimsNon-Life and LegalCommittees Committee and Working Groups CommercialClaims and InsurancesLegal Committee Committee Education and Training Advisory Committee Commercial Insurances Committee Personal Insurances Committee Anti–FraudEducation andWorking Training Group Advisory Committee Personal Insurances Committee Anti-Fraud Working Group
Irish Insurance Federation Irish Insurance Federation 6 7 President’s Statement 1
The last year has been another waiting for Government to follow up its mid–year very diffi cult one for our announcement of outline proposals for reform of members. In the domestic market, the supervisory architecture with fi rm legislative new life and pensions business proposals, and waiting for the start of regulatory fell by 28% for the second reviews scheduled by the Financial Regulator for successive year, with annual 2009 that never got off the ground. premium equivalent (APE) new business at only €1082 million in 2009 (down from €1506 The good news is that, with the appointment million in 2008). Likewise, non–life gross written of Matthew Elderfi eld as the new Head of premium fell by over 7%, after a similar fall the Financial Supervision under the proposed new previous year. Whilst there are signs of some Central Bank Commission and the publication recovery in life business in the fi rst quarter of in late March 2010 of the Central Bank 2010, with an overall increase of 10% in APE Reform Bill, there is now a clear path forward. in the fi rst quarter of 2010, as compared with It is apparent that – albeit at greater cost to 2009/Q1, new regular premium business has regulated fi rms – a more appropriate level of continued to fall, and there is a long way to go resources will be provided to the Regulator to to recover the lost ground of the past 2 years. discharge his functions. It is vital to ensure that the regulatory system is properly resourced to The inextricable link between premium rates meet its objectives, both for the protection of our and claims costs in the non–life classes was customers and for the rehabilitation of Ireland’s demonstrated yet again by the unprecedented international reputation as a centre for insurance property losses our members had to absorb at and other fi nancial services. In addition to the the end of 2009 and the beginning of the current new Bill, it is intended that a second Bill later year. Against a backdrop of signifi cant claims– in 2010 will redefi ne the Regulator’s mission fuelled increases in household insurance costs and extend its powers, and that the by–now through 2009, the insured costs of the recent very diffuse corpus of regulatory law will be fl ood and freeze – happening within a single consolidated by a third piece of legislation 10–week period – were estimated at almost sometime in 2011. These developments are €550m., making them the two most costly all very welcome, but one note of caution is weather events ever to hit the Irish market. appropriate. Whilst there are some “horizontal” Notwithstanding the scale of the losses, issues affecting all parts of the fi nancial services IIF members have been able to meet their sector that can be dealt with by common rules, obligations to policyholders and provided a level one size does NOT fi t all. What may be of professional service under extreme pressure appropriate regulation for banks in the wake which bears comparison with any service of the lessons learned from the fi nancial crisis is industry, and which was generally acknowledged not necessarily appropriate for insurers, whose in the media as exemplary. The ability to deal understanding and management of risk, business with such events is a hallmark of our industry and model and cash fl ows – to mention just three refl ects the strength of the supervisory capital important areas – are utterly different to banks. regime – soon to be further enhanced under We will be monitoring the supervisory reform Solvency II – and the insurers’ competence in measures very closely to ensure that unduly identifying and managing risk. restrictive or inappropriate provisions are not applied to insurers. On the regulatory front, 2009 proved to be a year of waiting – waiting for the appointment of the new head of the Financial Regulator,
Irish Insurance Federation 7 The Solvency II Framework Directive was on private pension contributions. These and adopted in the fi rst half of 2009 and there has other reforms are to be introduced over the next been a noticeable increase in activity at EU and 4 years. There are both progressive and less local levels in preparing for its implementation. positive aspects to the proposals which IIF are The Level 2 implementing measures are currently analysing in depth and which we will be expected to be in the form of Regulations discussing in detail with the relevant Government rather than Directives, leaving no scope for Departments and agencies over the coming national interpretation/variation. We have months. been somewhat reassured that earlier fears that expertise and overall staffi ng within the Regulator Elsewhere in this report readers will fi nd would be inadequate to deal with the volume additional detail on all the Federation’s activities of work associated with the implementation and over the past year. I wish to thank the members ongoing operation of the Solvency II regime (in of the IIF Board, the General Committees, particular in relation to the vetting of regulated Standing Committees and Working Groups and companies proposals for internal solvency all the members who have put so much effort models) are being addressed. The focus is now into realising our agenda. On their behalf and shifting to the content of the Level 2 and Level for my own part, I would also like to express our 3 implementing measures and insurers’ own appreciation to the staff of the secretariat for their preparation for the new regime, which is to take continuing efforts on behalf of the membership effect from the beginning of 2013. and the wider industry.
We were successful in persuading the Minister for Finance that the levy on life assurers’ premium income introduced in the 2009 Finance Act should not apply to pensions business, the necessary amendment having been introduced in the 2010 Act. Whilst this was a positive outcome for our members and their customers, the Brian Forrester bias against life assurers’ savings and investment President products remains, as their non–insurance competitors’ products are not subject to the levy. We continue to press the Department of Finance for the rationale behind this glaring anomaly and we will continue to press for equalisation of competitive conditions in the savings and investment market.
After a long wait the Government’s proposals for pension reform were published in March 2010. As well as a gradual increase in the qualifying age for the State pension and a reiteration of the Government’s commitment to try to maintain the State pension at 33% of average earnings in the long–term, a new auto–enrolment, or soft mandatory supplementary pension is proposed for those with no adequate alternative private occupational pension. Collection of the (relatively modest) minimum contributions from employers and employees would be via the existing PRSI system, with investment of the new funds managed by the private sector under contract with the State. A new single–rate tax credit at 33% is to replace the current system of tax relief
Irish Insurance Federation 8 Chief Executive’s Report 2
As the economic crisis intensifi ed With the appointment of the new Head of and the downturn in the public Financial Regulation late in 2009, and evidence fi nances became more apparent of a commitment from Government to increase the during 2009, there was further resources of the Regulator it is likely that 2010 contraction in our markets. The will be a much busier year on the regulatory front. focus of the Financial Regulator A 3–year Strategic Plan outlining the Regulator’s and the Department of Finance shifted from the priorities is due to be published shortly. A number immediate short–term remedial action required of senior positions remain to be fi lled in the to address the banking crisis to consideration restructured Financial Regulator. of the longer–term implications for regulation of the fi nancial services sector in general. This The Department of Finance’s project to was refl ected at European level in the proposals consolidate, simplify and modernise fi nancial for changes in the supervisory architecture for services supervisory legislation was shelved as fi nancial services, including the establishment of a a result of the fi nancial crisis and the need to new European Systemic Risk Board (ESRB). address structure and resource defects within the regulatory system – the Advisory Forum Regulatory Reform on Financial Legislation (AFFL) held no further meetings in 2009. However, it is expected that During 2009 we completed and submitted to a project to consolidate the revised supervisory the Minister for Finance an orientation paper legislation (following the two reform Bills in 2010) on regulatory reform, which stressed the unique will be progressed in 2011. features of insurance and the consequent absence of any appreciable systemic risk arising from our As indicated above there were very few new sector. This is a theme we continue to pursue in regulatory initiatives in 2009. The review of the political and public relations activities, and at both Consumer Code was initially postponed to the national and European level in conjunction with end of the year and then further, to mid–2010. CEA. We have responded to an informal request from the Regulator for initial feedback on defects in the The outline of a new domestic regulatory structure existing Code and other suggested changes, but was subsequently announced by Government in the formal consultation process is not likely to be mid–2009, and the Central Bank Reform Bill to launched until close to mid–year. Similarly, the implement a new unifi ed Central Bank/Financial review of the minimum competency requirements Supervision structure was subsequently published has been postponed and will take place in the at the end of March 2010. More far–reaching second half of 2010. The recommendations changes to enhance the powers of the Regulator emerging from the 2008 review of the will be addressed in a second piece of legislation intermediary market are expected to be addressed towards the end of 2010. In the meantime, the largely in the review of the Consumer Code, with delay in appointing a new Head of Financial any necessary backup in the new legislation to Regulation and residual uncertainty as to the future extend the Regulator’s powers. structure and powers of the Regulator contributed to something of a vacuum during 2009, in which the proposed reviews of the Consumer Code of Practice and the Minimum Competency Requirements, amongst other projects, were postponed.
Irish Insurance Federation 9 Solvency II
IIF continues to represent the market on the requirements, though perhaps not as great as had Solvency II Sub–Committee of the Department of been feared. The next quantitative impact survey An Taoiseach’s IFSC Insurance Committee. This is (QIS–5), which is due later in 2010, will set out a very useful forum bringing together domestic and the fi nal quantitative parameters for Solvency II. All international companies, the Financial Regulator regulated companies are expected to participate & the Department of Finance, and professional in QIS–5, which will essentially be a dry run for advisers. It provides an opportunity to get up– the formal introduction of the Solvency II model. to–date briefi ngs on the issues being addressed within CEIOPS, and more recently the European Financial Education Commission’s Working Group which is charged with drafting the implementing Level 2 measures The National Steering Group on Financial for Solvency II. In addition, the IIF’s own Working Education, on which IIF was represented, Group meets regularly to review developments and published its report, Improving Financial Capability identify and reach consensus on issues affecting in Ireland – A Multi–Stakeholder Approach in July members, for communication to/discussion with 2009. The report recommended setting up a the appropriate Irish and EU institutions. fi nancial capability fund with seed funding from the re–capitalisation scheme; creating a national One consequence of the increased resources and standard for personal fi nance education; and up–skilling of the insurance supervisory capability enhancing the general public’s fi nancial capability of the Regulator is greater urgency and focus through the core/compulsory national secondary in preparing for implementation of Solvency II. school curriculum. Following adoption of the Framework Directive in the fi rst half of 2009, there has been considerable The bodies represented on the Steering Group CEIOPS and EU Commission work on the Level (including the Financial Regulator, the Department 2 legislation. The implementing measures will be of Education and industry bodies such as IIF and in the form of Regulations rather than Directives, the Irish Banking Federation) have undertaken leaving no scope for national interpretation/ to share research, knowledge and best practice variation as EU Regulations are directly applicable on personal fi nance education, and to provide and are not subject to national implementing volunteers and other resources to promote fi nancial measures. We have been somewhat reassured education in the community and the workplace. that earlier fears that expertise and overall staffi ng We are currently convening a panel of volunteers within the Regulator would be inadequate to from member companies to fulfi l the insurance deal with the volume of work associated with industry’s commitment. the implementation and ongoing operation of the Solvency II regime (in particular in relation Industry Consultative Panel to the vetting of proposals for internal solvency models) are being addressed. The focus is now IIF continues to be represented on the Financial shifting to the content of the Level 2 and Level Regulator’s Industry Consultative Panel. It is 3 implementing measures and insurers’ own understood that the Panel in its current format may preparation for the new regime. be abolished as a consequence of the re–design of the regulatory system, but it is important in our There are concerns that the cumulative effect view for it to be succeeded by an appropriate of CEIOPS’ advice to the Commission on the institutional framework to continue its work, and implementation of Solvency II may lead to a particularly to ensure proper oversight of the signifi cant overall increase in the aggregate accountability and effi ciency of the Regulator, level of regulatory capital required. This would especially given the increase in the scale of the undermine a fundamental principle of the Solvency Regulator’s operations and the in the proportion of II Framework Directive, viz. that introducing a its costs borne by regulated fi rms. risk–based solvency model should lead to a reallocation of regulatory capital in accordance with measurement of risk on a true economic basis, but should not result in an overall increase in the level of regulatory capital. It seems likely that there will be some increase in capital
Irish Insurance Federation 10 Inter–Association Network Insurance Information Service
The Inter–Association Network of fi nancial We recorded a further increase in the numbers of services representative associations continued complaints and queries notifi ed to the Insurance to meet regularly during 2009, under the Information Service in 2009, with queries up chairmanship of IIF. IAN will continue to be 30% to over 12,500 and complaints up 37% (to a useful vehicle for discussion of “horizontal” 1001). In total 13,548 people contacted the IIS regulatory and legislative issues affecting the during 2009. fi nancial services sector, and in particular the new Motor insurance again provided the main area legislation to revise the structure and powers of for complaints and queries, with Declined Motor the Financial Regulator, as well as monitoring the Cases more than doubling to 115 (though still performance and effi ciency of the Regulator in the well below the high of 478 cases in 2001). Life revised regulatory environment. complaints accounted for only 12% of the total. In addition to private callers, the IIS continued IFSC Insurance Committee to receive a signifi cant volume of enquiries referred by the Offi ce of the Director of Consumer IIF continues to represent the market on the Affairs (ODCA), Government Departments, IFSC Insurance Committee, part of the Clearing citizens’ advice bureaux, the Financial Services House framework under the auspices of the Ombudsman’s offi ce, the Consumers’ Association Department of An Taoiseach. We participated in of Ireland, the Garda Siochana, Solicitors, the an industry workshop in February 2009 aimed Financial Regulator and the Pensions Board. at re–energising the marketing of Ireland as a base for international fi nancial services and The Insurance Confi dential hotline received improving the image and credibility of the system information on 686 new cases in 2009 (cf. 308 against the background of the damage done in 2008), as well as updated information on to Ireland’s reputation by the economic crisis. previously reported cases. Changes are expected in 2010 on foot of the recommendations emerging from this process.
Media & Publications
The IIF’s Annual Report and Factfi le were again published in 2009 in electronic format, and we continued to deal with a wide range of media queries, as well as working on a number of proposals to enhance the industry’s image on a Michael Kemp proactive basis. These include in particular the Chief Executive greater use of new media as well as engaging with the public on topical insurance issues. A number of other initiatives are under development.
We continued our anti–fraud advertising effort in 2009, supported by the Insurance Confi dential Hotline for reporting suspected fraud, as our members were very aware of the likelihood of an increase in fraudulent and exaggerated claims as the recession took hold.
Irish Insurance Federation 11 Irish Insurance Federation 12 Life & Pensions Issues 3
Life Assurance Levy until March 2010. In his April 2009 Budget Speech, the Minister for Finance announced the introduction of a 1% levy During 2009, IIF (and other industry groups) on life assurance premiums with effect from 1st continued to highlight key issues and in particular June 2009. IIF immediately highlighted the inequity the advisability of maintaining tax relief on pension of applying the levy to insurance products whilst contributions at the marginal rate. IIF is strongly of other competing pensions, savings and investment the view that the current system is not inequitable products were exempt as well as the practical because: diffi culties associated with implementation within such a short timeframe. However, apart from an ¾it represents deferred taxation – whilst tax relief amendment changing the implementation date to 1st is available on contributions, pension annuities August, the proposal was implemented in full in the are fully chargeable to tax at the marginal Finance Act. rate under PAYE. A restriction of the tax relief on contributions whilst benefi ts continue to Following the passing of the Finance Act, the IIF be taxed at the higher rate under PAYE would entered into further discussions with the Department be inequitable; of Finance with the following key aims: ¾the object of restricting the potential benefi t ¾ the exclusion of all pension business from the of tax relief to very high earners has already revised levy, to ensure consistency with the been largely achieved by the fund limit and stated objectives of Government policy earnings cap introduced in recent years and in in relation to the promotion of private pension particular the recent reduction in the earnings provision; cap to €150,000 p.a.
¾ the extension of the levy to competing savings The recently–published National Pensions Framework and investment products. provides for tax relief at the marginal rate for existing pension schemes and individual arrangements to be The 2010 Finance Act excludes all pensions replaced by a State contribution equal to 33% tax business from the scope of the levy and thus relief. No specifi c timescale for this change is given. addresses one of the key concerns of IIF members. The Framework also makes other recommendations, However the level playing fi eld issues in the savings including an auto–enrolment pensions arrangement and investment markets have not been dealt with and the extended availability of Approved Retirement and will be a key priority for IIF in the context of the Funds. Many of the recommendations will take some 2011 Budget and Finance Act. years to be fi nalised and implemented.
Pensions IIF members have extensive practical experience of pensions provision over many years. IIF will continue The Pensions Green Paper was originally published to participate proactively in the pensions debate and in October 2007 and the end of the consultation seek to infl uence the ultimate shape of the pensions process was marked by a Government conference in landscape as the Framework is developed and May 2008. However the publication of the National implemented over the coming years. Pensions Framework was delayed as a result of focus on other economic issues and did not take place
Irish Insurance Federation 13 During 2009 IIF provided practical feedback on a number of important pensions developments including: