Insurance: Conduct of Business
Chapter 5
Identifying client needs and
advising
ICOBS 5 : Identifying client
needs and advising
Section 5.2 : Statement of demands and
needs
5.2
5
Statement of demands and needs
Application:
who? what?
......................................................................................................
5.2.1
R
This section applies to:
(1) an insurance intermediary in relation to any policy (other than a
connected travel insurance contract); and
(2) an insurer when it has given a personal recommendation to a
consumer on a payment protection contract or a pure protection
contract.
Statement
of demands and needs
......................................................................................................
5.2.2
R
(1) Prior to the conclusion of a contract, a firm must specify, in particular
on the basis of information provided by the customer, the demands
and the needs of that customer as well as the underlying reasons for
any advice given to the customer on that policy.
(2) The details must be modulated according to the complexity of the
policy proposed.
[Note: article 12(3) of the Insurance Mediation Directive]
Means
of communication to customers
......................................................................................................
5.2.3
R
(1) A statement of demands and needs must be communicated:
(a) on paper or on any other durable medium available and
accessible to the customer;
(b) in a clear and accurate manner, comprehensible to the customer;
and
(c) in an official language of the State of the commitment or in any
other language agreed by the parties.
(2) The information may be provided orally where the customer requests
it, or where immediate cover is necessary.
(3) In the case of telephone selling, the information may be given in
accordance with the distance marketing disclosure rules (see
■ ICOBS 3.1.14 R).
ICOBS 5/2
www.handbook.fca.org.uk
■ Release 17
● Jun 2017
ICOBS 5 : Identifying client
needs and advising
Section 5.2 : Statement of demands and
needs
(4) If the information is provided orally, it must be provided to the
customer in accordance with (1) immediately after the conclusion of
the contract of insurance.
[Note: article 13 of the Insurance Mediation Directive]
Statement
of demands and needs: non-advised sales
......................................................................................................
5.2.4
G
The format of a statement of demands and needs is flexible. Examples of
approaches that may be appropriate where a personal recommendation has
not been given include:
(1) providing a demands and needs statement as part of an application
form, so that the demands and needs statement is made dependent
upon the customer providing personal information on the application
form. For instance, the application form might include a statement
along the lines of: "If you answer 'yes' to questions a, b and c your
demands and needs are those of a pet owner who wishes and needs
to ensure that the veterinary needs of your pet are met now and in
the future";
(2) producing a demands and needs statement in product documentation
that will be appropriate for anyone wishing to buy the product. For
example, "This product meets the demands and needs of those who
wish to ensure that the veterinary needs of their pet are met now
and in the future";
(3) giving a customer a record of all his demands and needs that have
been discussed; and
(4) providing a key features document.
■ Release 17
● Jun 2017
www.handbook.fca.org.uk
ICOBS 5/3
5