Big insurers to be taken to the cleaners by the regulator
The corporate regulator wants to take insurers to the cleaners to clean up their decidedly dirty practices and excessive premiums. This follows accusations from the Australian Securities and Investments Commission (ASIC) that big insurers haven’t been listening!
To make the management of our big insurance companies listen, ASIC wants bonuses to top executives to be slashed as a payback for poor handling of complaints.
The Australian’s David Ross reports that ASIC says insurers are even failing to identify one in six complaints that come to them. This represents insurers denying their customers critical protections, which is a disgraceful accusation, if true.
This follows the regulator’s concerns about how poorly the insurance companies looked after the victims of the 2022 floods in NSW and Queensland.
ASIC looked at 1.4 million complaints and found 85 “systemic issues”. It found around half of our insurers didn’t find even one systemic problem with their handling of complaints.
The poor practices have ASIC commissioner Alan Kirkland considering the serious move of an enforcement action. An enforcement action means:
- A matter resolved in an administrative proceeding or civil action with ongoing compliance obligations.
- Actions taken by regulatory agencies against entities that break the law.
- Measures to compel management and directors of a financial institution to address weaknesses.
- Orders directing individuals, businesses or other entities to come into compliance or clean up a site.
This would be a serious kick in the pants for our big name insurers. Some could end up in court for not living up to their claims in the marketing of their products.
All up, 11 insurers will be given feedback on ASIC’s findings. They will have to return with their action plans to right the wrongs they’ve exerted on their customers.
Kirkland explained to Ross that ASIC can use something called FAR, i.e. the Financial Accountability Regime, which empowers it to claw back big bonuses from executives from companies that have been mistreating customers in the finance sector.
Insurance companies point to the 300,000 insurance claims totalling $7.4 billion that came out of that big flood event, but ASIC insists the insurers should be prepared for such events.
The plight of insurance customers not being appropriately helped by insurers has long been a problem. It might be significant that Alan Kirkland was once was the boss of the consumer group, Choice. It looks like ASIC has recruited the right man for the job of making insurers lift their game by listening to consumers, as well as the regulator who has outlined what they should be doing. ASIC means business and insurers won’t ignore their complaints!