Risk Advice in ASIC Spotlight

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Advisers who fail to comply with the best interests duty when recommending a client switches their insurance policy will be the focus of regulatory action over the next 12 months, the Australian Securities and Investments Commission (ASIC) has confirmed.

Peter Kell

Speaking at the FSC’s National Conference in Brisbane this week, ASIC’s Deputy Chairman, Peter Kell, confirmed the regulator would be undertaking a major, risk-based surveillance of life insurance advice during the 2013-14 financial year.

Mr Kell said the review will investigate whether advisers are acting in the best interests of their clients when advising them to switch life insurance policies. He said ASIC understood that, in many cases, switching occurred because there was a meaningfully better policy available, or because the client’s situation or objectives had changed.

… we will be focusing on areas where we see what looks to be straight-out ‘churn’

“But we will be focusing on areas where we see what looks to be straight-out ‘churn’ – that is, excessive switching between policies that doesn’t leave the client any better off, and that is motivated purely by the adviser’s financial interests,” the Deputy Chairman said.

“It goes without saying that the mis-selling of life insurance doesn’t help build trust, and inappropriate advice, and inappropriate switching – ‘insurance churn’ – undermines consumer confidence.”

Mr Kell said there were a number of reasons for undertaking the review, including the fact that the regulator viewed insurance advice as a very important area for consumers.

“The second is that we’ve publicly said for some time that we would be more likely to focus on life insurance advice in the absence of an industry framework. That’s yet to be put in place, so we are delivering on what we said we would do.

“The third reason is that we’ve seen some poor practices in some of our recent surveillances,” he said.

According to Mr Kell, there were numerous cases of inappropriate advice or mis-selling of life insurance, and that the practice was not limited to the occasional, individual rogue. “There are, in some firms, systemic problems,” he said.

In addition, the fact that retail advice is exempt from the ban on conflicted remuneration under the Future of Financial Advice (FoFA) reforms is also a key consideration for ASIC.

… we do not want to see a situation where some advisers may churn clients to replace other commissions

“What we do not want to see is a situation to arise whereby some advisers may churn clients to replace other commissions that are no longer permitted. This would help no-one, including the vast majority of reputable advisers,” Mr Kell explained.

In closing his presentation, Mr Kell said: “As part of this work, we’ll be talking with insurance companies, with advice firms, and industry groups, to understand how the industry is travelling, how the work that the industry itself is doing on life insurance is going, and what we can do to support that.

“We want to understand emerging issues about this industry – how products are being developed and distributed – and that includes an understanding both of how advisers are being remunerated but also an understanding of how direct channels are evolving.”

ASIC plans to release its report on insurance advice next year.

 



4 COMMENTS

  1. If ASIC are focussed on truly understanding the retail and direct Life Insurance Industry,that is a admirable thing.

    However,in order to understand how a Industry works and why things happen, all participants,including the customers need to be part of the research, so a true picture can develop,not just a vested interest overview that benefits only that one entity,to the detriment of others.

    The reality of the Life Industry is that the retail part of the equation is being cannibalised by direct, wholesale and Industry Super offerings that appear attractive but usually do not match in quality and whom can run rampant with little recourse or red tape and hoops, that unfortunately Advisers must leap through to compete.

  2. Oh dear! The industry powers-that-be are targeting advisers to the detriment of the insurance buying public. These industry powers-that-be are making it so hard for advisers that before long they'll quit, and worse still newer advisers, full of life and energy will have their desire to make our industry their stronghold, dashed to pieces on the rocks of despair! 

  3. So  the  ASIC  crew  got  up  one  morning  and  thought,  well  must  be  time  to  hit  the risk  advisers,  after  all  none  of  them  can  be  trusted.  We  might  even  try  a  bit  of  sneaky  surveillance,  try  and  catch  a  few  of  them  out. Doesn't  matter  if  there  are  only  a  small  minority  doing  the  wrong  thing,  we  will  stick  them  all  in the  same  basket.  So  now  we  must  work  in  a  very  tough  environment  under this  mantra  of  fear  and  intimidation.  You  can't  legislate  for  good  advice  and  ehtical  and  honest  behaviour. Unfortunately  the  small  minority  of  bad  apples  are  as  usual  causing  the  vast  majority  who  are  doing the  right  thing  to  suffer  with  a  raft  of  new  legislation  and  constant  threats.        

  4. If only we were all perfect.
    Direct marketing offers without advice or risk analysis, website quoting without advice or risk analysis, toll free over the phone quoting without advice or risk analysis, is causing more economic hardship, and underinsurance, and incorrect insurance policies, is causing more hardship to families and individuals than supposedly churning
    .
    ASIC seems to turn a blind eye to this BUT wants to have another crack at Insurance Advisers who assist people with needs and concerns.
    Bull for those faceless assassins.

    JPS

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