Kart Insurance
is a trading name of
Everitt Boles Limited registered
No: 3222604 in the United Kingdom at 63 Mansell Street, London
E1 8AN as an independent insurance intermediary. With effect from
14th January 2005, we are authorised and regulated by the Financial
Services Authority (FSA) under FSA number 306756 and we are permitted
to arrange general insurance contracts. You can check these details
on the FSA Register by accessing their website on
http://www.fsa.gov.uk/register
or by contacting them on +44 (0) 845 606 1234.
We trade as Everitt Boles Motorsport Insurance Management and
we have several trading names including, Pit and Paddock Bike
Sport Insurance Specialists and Motorsport Race&Rally Insurance
Specialists (MORIS).
Status
Everitt Boles is a privately owned insurance intermediary. We
will advise you of any conflict of interest that we may have with
any proposed insurer or of any special arrangement with them which
is beyond our normal remuneration.
Terminology
In order to avoid repetition of words used in this document, the
term "insurance" includes reinsurance and other risk
transfer products. The term "Underwriter(s)" includes
any insurer, re-insurer or other category or risk bearer, as appropriate
to your requirements.
Placing Insurance in Good Time
Before negotiations with the Underwriter(s) have commenced, we
will wish to establish a proper understanding of your requirements
for insurance. We will then seek competitive indications or quotations
for insurance and seek coverage structures which are, in our opinion,
as efficient as possible for the proposed policyholder.
We will take diligent and timely steps to implement your instructions
and, subject to available insurance market, place all required
insurance before the intended date of inception, renewal or extension
of insurance cover, confirming to you prior to such date the coverage
which is in place. If any inability to fulfil your instructions
becomes clear to us, we will be bring this to your immediate attention.
Client Documentation
Upon completion of the insurance arrangement(s) on your behalf,
we will advise you by facsimile, e-mail, letter or other agreed
communication medium. We will then forward by mail appropriate
documentation to provide you with formal confirmation of the insurance
which we have arranged and the amount of premium payable in respect
thereof.
- Cover Note (sometimes referred to as "Schedule
of Insurance")
The Cover Note provides confirmation of (1) the terms of the insurance
contract we have arranged and (2) the Underwriter(s) with whom
it has been placed. You should check the Cover Note and satisfy
yourselves that it is entirely in accordance with your understanding
and instructions (your demands and needs). The review of the Cover
Note should include checking that use of the Underwriter(s) is
acceptable having regard to local taxation as permitted by the
relevant regulatory authorities. Anything at variance with your
understanding and instructions should be advised to us immediately
and any correspondence should quote the Cover Note reference;
if you have your own contract reference, you should advise it
to us at the earliest opportunity to enable us to quote it on
the subsequent documents which we send to you. For certain types
of business, a certificate or policy of insurance issued by or
on behalf of the Underwriter(s) may be forwarded in lieu of our
Cover Note.
- Debit Note (sometimes referred to as our
Invoice)
The Debit Note will show the gross premium, any commission or
discount to you and the net amount of premium payable to us. Where
relevant, any tax(es) to be remitted to appropriate authorities
through ourselves and/or tax(es) which may be deducted from the
premium payable will also be shown on the Debit Note. If tax(es)
are deductible, you should ensure that these tax(es) are remitted
to the appropriate authority.
- Insurance Policy
We will seek to obtain as soon as practicable the execution by
the Underwriter(s) of any insurance policy wording(s) which may
be required. Following agreement to such wordings by both the
Underwriter(s) and where required yourselves, we will promptly
seek to obtain formally signed policy documents incorporating
such agreed wordings.
- Amendments
Any amendment to the insurance contract will be confirmed by issuance
of an Addendum to the Cover Note or endorsement to the certificate
or policy of insurance, unless such amendments are already reflected
within the issued documentation.
Cancellation
In the event of a mid-term adjustment that results in a return
of premium or of cancellation we will refund any return premium
net of our full commission or fees and any charge made by insurers.
This also applies to policies where the premium is payable by
instalments.
Terms of Premium Credit
In order for us to meet the premium payment terms of the underwriter(s),
premiums must be settled to us by the payment date(s) specified
in our Debit Note allowing 10 days for funds to clear. In certain
circumstances, the Underwriter(s) will stipulate special premium
payment terms or warranties which, if not met, may affect the
validity of the insurance contract. We will advise you when these
circumstances arise.
Methods of Payment
Insurance contract monies should be and normally are settled on
an individual Debit Note or Credit Note basis. Statements of Account
are issued periodically where there are monies due for payment
to us and we may have monies in account which are owing to you.
All payments should be made in the same currency in which they
have been invoiced to you.
- Wire Transfer
All payments to us should be made preferably by wire transfer
to our appropriate Client Accounts together with written remittance
showing the item(s), our transaction number(s) and the amount(s)
being paid. This will enable us to identify upon receipt of
the payment to which Underwriter(s) we are to remit funds.
Wire transfers should be payable to Everitt Boles
Limited and designated to "Client Account"
with the relevant bank account number quoted.
- Cheques / Bankers Drafts
Where wire transfer is not appropriate or available, a cheque
or bankers draft, made payable to Everitt Boles Limited
(Client Account), should be sent to:
Everitt Boles Limited
1st Floor
63 Mansell Street
London E1 8AN
The cheque/draft should be accompanied by written remittance details
as stated above.
How We Handle Client Money
Our client bank accounts with HSBC have been set up in accordance
with the strict rules laid down by the FSA. All client money is
kept separate from our money. We may use the services of other
intermediaries who are regulated by the FSA and your premium may
be passed to these intermediaries for payment to insurers. We
will retain any interest or exchange gains derived from holding
your money.
Claims Procedures
Details of claims notifiable to the Underwriter(s) under the terms
of the arranged insurance contract must be advised to us without
any delay. Where applicable we will provide you with written confirmation
of the acceptance of the amount of the claim by the Underwriter(s)
before issuing a claim payment to you and remitting monies direct
to the appropriate party. You should be aware that we may perform
a limited service for the Underwriter(s) in relation to insurers
claims advisors (e.g. Surveyors, Adjusters and Lawyers) by relaying
instructions; disseminating reports and collecting fees or other
disbursements, where we consider this should not create a conflict
of interest. If we consider a conflict of interest may arise,
we will refrain from performing any (further) service for the
Underwriter(s) unless otherwise agreed.
Use of Sub-Agents
Where we consider it to be appropriate and for your benefit, it
may be necessary for us to request another more localised or specialist
insurance broker or intermediary to act as our sub-agent and assist
us in the placement of an insurance contract. For example, many
countries require the use of local intermediaries to access local
insurance markets. In such cases, we will provide specific instructions
to such sub-agents so as to meet your insurance requirements.
Confidentiality & Security of Information
Any information which you provide to us will not be used or disclosed
by us to other parties except in the normal course of negotiating,
maintaining or renewing a contract of insurance on your behalf,
or for handling any claims thereunder, unless we have obtained
the necessary consent from you or we are required to disclose
the information by a court of competent jurisdiction or government
or regulatory body having the requisite authority over us, or
the information is already in the public domain or has been received
by us from a third party not under any duty of confidentiality.
We will take appropriate steps to maintain the security of your
confidential documents and information which are in our possession.
Solvency of Underwriters
We will only place insurance with Underwriters who are supported
by the general London Insurance Market. While the information
on which Everitt Boles relies is obtained from sources considered
to be reliable and it uses all reasonable endeavours to review
accurately that information in order to protect the interests
of our clients, predictability of solvency cannot be guaranteed.
The financial standing of any Underwriter(s) can, of course, change
after the insurance contract has incepted. The subscribing insurers'
obligations under this policy are several and not joint and are
limited solely to the extent of their individual subscriptions.
A subscribing insurer is not responsible for the subscription
of any co-subscribing insurer who for any reason does not satisfy
all or part of its obligations.
The Duty of Disclosure
In common with all insurance intermediaries there is a legal obligation
upon us to ensure that policyholders and intermediaries alike
are made aware or reminded of the duty of disclosure and the consequences
of its breach. The duty of disclosure under United Kingdom law
is a duty to pass on to Underwriters all material information
relating to the risk under consideration. "Material"
in this context refers to all information which a prudent Underwriter
(not necessarily the Underwriter in question) would wish to take
into consideration when considering whether or not to accept the
risk and, if so, upon what terms and at what price. Material information
does not necessarily have to actually increase the risk. The duty
of disclosure continues up until the insurance contract has been
concluded, but then resurrects itself at the time of proposed
renewal or extension of, or any amendment to, the insurance contract.
It may also be that the terms of the insurance contract include
specific ongoing disclosure warranties. Therefore, in addition
to providing all of the basic information necessary to enable
the risk to be placed, the proposed policyholder and his agent(s)
must ensure compliance with the duty to disclose material matters
relating to the risk. In particular, they must be satisfied as
to the accuracy and completeness of the information provided to
the Underwriter(s) and ensure that all information is provided
that an Underwriter needs to take account of in considering whether
or not to accept the risk and, if so, upon what terms and at what
premium. In the event that there is a breach of the duty of disclosure,
the Underwriter(s) may have the right to avoid the insurance contract
from its commencement. Under such circumstances, the Underwriter(s)
would be entitled to seek recovery of any claims already paid
by them under the contract, although at the same time the Underwriter(s)
would generally be obliged to return paid premiums. The duty of
disclosure and the consequences of its breach may vary to a limited
degree from the foregoing dependent upon the law(s) applicable
to the insurance contract. If you are in any doubt as to the ambit
of the duty of disclosure you should have no hesitation in contacting
us.
Remuneration & Other Income
Our two principal methods of remuneration for insurance intermediary
services are by way of brokerage, being a proportion of the premium
paid which is allowed to us by Underwriter(s), and/or an agreed
fee basis. Other sources of income include that derived from interest
earned on bank balances or certain credit charges and expense
allowances by Underwriters for managing and administering certain
lineslips, covers, binding authorities and other similar facilities,
including claims which may arise thereunder, all of which we believe
enable more efficient service and competitive terms to be provided
to those clients for whom we consider the use of such facilities
appropriate. The Underwriter(s) with whom we effect insurance
on your behalf may, on occasions, in turn request us to purchase
facultative reinsurance for their account. This reinsurance is
a separate and distinct contract(s) for which remuneration may
be paid separately by the Underwriter(s) or reinsurer(s). Some
Underwriters may allow us incentive commissions in addition to
fees or brokerage which we receive. Such incentive commissions
can be based on profitability, premium income volume and/or growth.
Incentive commissions can also be payable to reflect administrative
efficiencies across a portfolio of business placed with an Underwriter.
Notwithstanding efficiencies of incentive commissions, we recognise
that our overriding responsibility is to promote the best interest
of the policyholder in the selection of Underwriters.
Complaints
It is always our intention to provide a high standard of service
at all times. If you should wish to make a complaint, we will
do our best to ensure that it is handled fairly and promptly by
a senior and independent member of staff. We operate a formal
complaints procedure which complies with the FSA requirements
which we will send to you upon request.
Please address your complaint to the Compliance Officer at the
above address in writing.
If we are unable to address your complaint to your satisfaction,
you may be entitled to refer it to the Financial Ombudsman Service,
South Quay Plaza, 183 Marsh Wall, London E14 9SR or telephone
+44 (0) 845 080 1800.
Financial Services Compensation Scheme
(FSCS)
We are covered by the FSCS. You may be entitled to compensation
under the scheme if we cannot meet our obligations. This depends
on the type of business and the circumstances of the claim.
Full details and further information on the scheme are available
from the FSCS, Lloyds Chambers, Portsoken Street, London E1 8BN
or telephone +44 (0) 20 7892 7300.
Data Protection
We are registered under the Data Protection Act 1998 and we have
undertaken to comply with the Act in all our dealings with any
client’s personal data.
Law & Jurisdiction
These terms of business shall be governed by and construed in
accordance with English law.
Email
We recognise that communicating by e-mail on a "desk-to-desk"
basis is a very desirable method of conducting business and that
e-mail is fast replacing facsimile as the preferred method of
communication. However, if you choose to communicate with us by
e-mail, we do have some specific concerns to its use which we
would like to share with you:
Integrity & Receipt
There is no certainty of all completeness, accuracy or even the
receipt of a message or data file sent by e-mail. As an insurance
intermediary, we are concerned that using e-mail as part of a
contractual process creates an exposure for our clients and ourselves
as their agent or professional advisor (e.g. in such areas as
misrepresentation or non-disclosure of information and the offer
and acceptance process of insurance contract terms, where corruption
of data during transmission or missing data file attachments may
not be immediately obvious to the recipient). For important messages,
we may ask for a confirmation of receipt and we will acknowledge
or respond to those messages that we receive. Hard copies of messages
may also be requested or sent where we consider it appropriate.
Confidentiality
By unavoidably having to use third party service providers to
"deliver" e-mails, confidentiality is outside of the
sender's control.
Appropriateness
Where receipt of a message by a given time/date is critical or
the subject matter is of an important nature, such message should
be communicated by facsimile or courier to ensure that it is received
and can be acted upon. Many contracts of insurance have provisions
which require notice in writing in order to ensure compliance,
particularly in relation to claims advices. The use of e-mail
in such circumstances is clearly inappropriate.
Legality
In the absence of any formal contract setting out the terms of
communicating by e-mail, it may be questioned in certain jurisdictions
as to whether such communications are or will be legally admissible
as evidence in any dispute without considerable supporting evidence
as to checks having been made on receipt, security and integrity
of the communication.
Viruses
With knowledge of the potential damage which computer viruses
can cause, e-mail users should use their best endeavours to ensure
that they do not transmit harmful viruses to other parties.