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Sunday, February 12, 2017

Life Insurance and the Law. A layman's introduction.




There are no laws in the UK that require a person to have life insurance. It's an entirely voluntary insurance. About 40% of the UK's working population are covered by life insurance either through their own policy or via an arrangement through their employer.

So the simple things first. You have to be a UK resident in order to buy a life insurance policy from a UK based insurance company. This is not a requirement laid down in UK law, but UK laws and tax arrangements make it impossible for a UK based insurance company to offer insurance to anyone other than a UK resident. But be aware that if, having taken out life insurance, you later live abroad, your policy will be invalidated. Naturally, invalidation does not apply if you are on holiday but if you have a short-term work assignment abroad, you are well advised to inform your insurance company before you go.

All UK Insurance Companies are subject to UK Corporate Laws. However, there are special regulations that only apply to insurance companies. These control the value of the risks the companies take on in relation to their financial reserves. These regulations are designed to ensure that your insurance company will be in a position to pay if you claim.

The Data Protection Act 1998 is concerned with the way all UK businesses store, safeguard and use the data they collect about people. This is particularly important within the life insurance industry as the companies store significant amounts of very personal information about you - including your age, health record and life style. One of the key provisions of the Data Protection Act says that if a business wishes to pass on your information for marketing purposes, the business collecting the data must tell you of its intention and give you the opportunity of refusing permission for your data be used in that way. Incidentally, all reputable web sites selling life insurance will have a "Privacy Statement" which tells you how they handle your information and how it is used.

The Financial Services and Markets Act (2000) are the most important piece of legislation affecting the promotion of financial services in the UK including life insurance. The Act is highly complex, but is primarily concerned with protecting you the customer. The implementations of the Act are overseen by the Financial Services Authority (FAS). The FAS regulates all forms of the promotion of financial products and services including the activities of financial and mortgage advisors in the UK. Their aim is to ensure you receive clear professional advice that reflects your personal circumstances. They also ensure you have a route to compensation should it be proved that you received inadequate or poor advice.

For the layman, the FSA's biggest impact is reflected in the advisors they talk to. The FAS seeks to ensure that all financial advisors are trustworthy and competent which includes being well supervised and well trained, and that any advice is given in your best interests. The FAS also ensures that you are given full and accurate information about the products you are being advised to buy both before and after you have bought them. They also closely oversee the organizations that actually create the financial products.

In fact, everyone and every organization giving financial advice in the UK must be authorized by the Financial Services Authority.

However, the Act makes a distinction between financial products bought as a result of a recommendation from a Financial Adviser and "Execution Only" business. Execution Only is where a customer is wholly responsible for the selection of the investment and therefore the financial adviser's sole responsibility is to process the purchase efficiently. Under Execution Only, the Adviser bears no responsibility for the products suitability for the clients needs.

You should be aware that many of the web sites promoting life insurance operate on this Execution Only basis. However, most web site operators provide extensive information to enable the client to make an informed choice. Sometimes the information is published on the web site and sometimes provided during a follow-up telephone call. Either way, within their Terms of Business the web site will have to tell you on what basis they provide financial services and as part of your application, you will normally be required to confirm that you have read these Terms.

These Terms of Business will always include details of a complaints procedure. In outline, if a customer wishes to complain, then the customer must detail the complaint in writing and send it to the Compliance Officer for the business employing the advisor. That business then has to investigate the complaint and reply to the customer in writing. If the Compliance Officer upholds the complaint, and the customer has suffered a financial loss as a result, then the business must agree a financial settlement with the customer. Ultimately, if the customer has suffered financial loss and cannot accept either the organization conclusions or their proposed financial settlement, then the situation can be referred to the Financial Ombudsman. The Financial Ombudsman's service is free to the customer and they are wholly independent. The Financial Ombudsman's decision is usually binding on both parties.

The other central piece of protection for the customer is the Financial Services Compensation Scheme. This provides the customer with a level of protection if a financial organization regulated by the FAS becomes insolvent and cannot properly meet its financial responsibilities to its clients.
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Get Moving Insurance before Moving



There are different kinds of Insurance that pertain to moving:
  • Released Value Insurance, the most basic coverage provided by moving companies. Estimated by weight it covers US$0.60 per pound of objects.
  • Declared Value Insurance offers coverage of US $ 1.25 per pound, coverage is on the total weight of your movables. If any objects are damaged, the insurance is based on the depreciated value of the object to the maximum value of items shipped.
  • Lump Sum Value, this insures based on the actual value of goods shipped and not by weight. The specific value of items must be declared on the bill of landing.
  • Full Value Protection, covers all damage or losses. Objects will be replaced, repaired, or cash for value of object will be offered.
Tips:
  • Decide which objects are to be moved and which are to be stored.
  • Prepare a detailed list of objects to be moved along with weight and value.
  • It is advisable to take insurance over and above that offered by the movers.
  • Ask for advice on which insurance would benefit you the most.
  • Get estimates from insurers.
  • Remember a customer has to file a complaint within nine months of the move.
  • A mover is legally obliged to acknowledge a claim within 30 days and offer settlement within 120 days.
  • Even if there is damage a customer is obligated by law to pay for the move. After which the customer should address the claim procedure to receive compensation.
  • Ask the mover to explain clearly the insurance cover offered by them, the exclusions, and limits.
  • Always read carefully the small print on the mover's contract and insurance papers.
  • List antiques and valuables separately and take extra coverage for them. Extra premium is generally charged for fine china, paintings, and so on.
  • If any goods are damaged, never unpack/remove them from their boxes until all procedures for claims are completed.
Check whether your homeowners insurance covers moving. Purchase an insurance that best covers the value of the property being transported.

Find out what can be insured. Normally, jewelery, cash, as well as items not packed by movers are not covered. Goods like fuels, fertilizers, acids, ammunitions, paints, aerosol cans, corrosives, as well as flammable substances will invalidate insurance and should not be moved. 

It is important to know the laws of the state or country where you live and the place you are moving to. 

Experts recommend transit insurance as a good supplement to moving insurance. It will generally cover the gaps left by the insurance policy. 

Clever coverage can save hundreds of thousands of dollars and insurance is available on the net, through the mover, a move-it-yourself company, or homeowner's insurance companies.
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Keyman Insurance - Protect Yourself Against Your Biggest Businesses Risks



As a business man you might have public liability insurance and you insure your buildings, stock and vehicles. You may even have professional indemnity insurance and legal cost insurance. Is that all? What about your other primary assets - your key staff? 

Key staff represent the heart of every businesses but no more so than the UK's 3.9 million small, often family, businesses that have up to 4 employees. Prolonged absence through serious illness or even death can be terminal for some of these enterprises. The risks are the same for limited companies, a partnerships and sole traders. 

In this context Key man Insurance is a must. Key man Insurance represents a group of insurance plans all designed to financially protect business from the affects of prolonged illness or even death of staff who are central to the prosperity of the business. The insurance can't replace people but it can provide cash to buy time and cover the costs of temporary staff, recruitment, loss of profits or provide a cash injection. 

The insurance falls into four categories - insurance to help your business recover during the extended period when your key personnel are unable to work or to train or recruit a replacement, insurance to protect profits, insurance to protect shareholders or partnership interests, and insurance for anyone involved in guaranteeing businesses loans or banking facilities. 

Key man Insurance on those who are central to your business.
Who are your key people? They are the ones who steer, create and drive your business. The people without whom your business would lose sales and profits or without whom even the basic viability of your business would be shaken. Look at the Directors, Partners, owners and beyond. Consider the roles of senior managers in sales, technical development and operations - the roles will change in every business but the candidates are sure to jump out at you. 

Insuring these people will provide the extra cash needed to take on temporary staff or recruit and train a replacement. 

Key man Insurance to protect your Profits.
The effect of losing key staff goes well beyond simply the cost of their salaries and the cost of replacement. As they're central to the businesses prosperity, their loss will knock on to the bottom line. You can insure for loss of profits too! 

Key man Insurance to protect Shareholders or Partners.
Here we are talking about insurance to protect interests in the event of long-term illness or death. Families may want to sell their stake in the business but the remaining members in the business may not want those stakes held by newcomers. Key man insurance schemes can be implemented which provide the necessary finance to buy the shares from the original shareholders or their estate. 

Key man Insurance insuring those who provide personal guarantees.
When a business takes out a loan or raises bank finance the lender is quite likely to require a personal guarantee or a charge on their personal property. This especially applies to small and new businesses. So what happens if these guarantors become seriously ill or die? The lenders may well be in a position to call in the loan. What happens then? Again, Key man Insurance is the answer. Insurance can be structured to pay-off the loan and thus free the business and the guarantor's family, from major worry. 

Most of the UK's leading insurance companies offer Key man Insurance as a development of their Life and Critical Illness Insurance interests. They have all the necessary paperwork available to implement the cover you need and ensure the tax man is kept at bay. 

So, can your business afford to ignore Key man Insurance? You'll be either a brave or foolish man to say NO!
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Memo to Myself - I Need Keyman Insurance




Last month I had to drive down to London. I don't like driving at the best of times but the rain, spray and heavy traffic on the M 1 made conditions difficult. Radio 2 kept me company and the heater kept me warm. Then I hit that queue - six miles solid and I was soon an hour behind schedule.

They were still clearing up the accident when I got there. It was nasty. A lorry and what was left of two cars. Made me think, after all that could have been me. Yep, my life insurance is up to date and my Will was renewed only last month. The family would be well cared for and the mortgage repaid. Had I missed anything?

The business. What would happen to that? We have two directors, 7 employees, an overdraft and lots of insurance. Public Liability, professional indemnity, vehicles and stock are all insured. We even have legal protection insurance. Had I missed anything? I got to thinking.

Thank goodness it wasn't George in that accident. A great guy and he's been with us five years. He's our top salesman. There again what if it had been my co-director who also owns 50% of the business? What would be the repercussions on the business?

Sales down, profits down, bank phoning all too politely to ask about the Directors guarantee on the overdraft. Then I'd have to try and buy his shares. I wouldn't want someone else to get hold of those. At some stage I'd have to recruit someone of his caliber to continue the company going forward - that wouldn't be easy! And recruiting top people doesn't come cheap. That's more time and more money. The personal problems... the repercussions... the extra work... the extra stress...

Oh heck, I don't want to think about it all. Quickly, switch over to Radio 1.

Does all this ring alarm bells with you? 95.2% of UK businesses employ less than 10 people and these are precisely the organizations most at risk from the impact of severe illness or death of a key person. The risks of a key person being stuck down with a long term illness or death are real. 1 in 5 men suffer a critical illness before their normal retirement age. Then there's the M 1. The fact that it hasn't happened so far might just mean your business has just been lucky.

Now to those actuarial coffins in insurance companies, risk and luck are flip sides of the same coin. And they can provide insurance cover for most risks. After all they too want to increase sales. But they're scratching their heads about Key man Insurance. Most of Britain's 4.1 million small businesses should have it but few do. What can it do? It can be structured to:
  • Provide an income stream to the company whilst the key person is incapacitated (compensation for the lost contribution from the Key man)
  • Provide a lump sum to the business in the event of death (pay off the overdraft or simply bolster cash flow?)
  • Provide money for remaining shareholders to buy the shares from the original shareholder or their estate
You'll need to talk to a Financial Adviser about these issues but they are all insurable. Can your business afford to take a risk it doesn't need to? 

Memo to myself - get Key man Insurance!
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Calling All Smokers. A Dream Ticket for Two to Paradise Island



Sorry to remind all you died in the wool smokers but November was Lung Cancer Awareness month. But no don't click away - spare a few moments of your time, please... 

If hard words on packets wash over you, let me put the financial case to you for quitting. As well as feeling healthier I can offer you a holiday for two on Paradise Island in the Maldives, for two, for every year of your longer life! 

OK, I know you don't believe me. Let's explain. 

Say the average smoker is 40 and smokes 20 a day. With cigarettes at £5 a packet that's £1,800 a year. Then you'll save loads on the cost of your your life, critical illness and medical insurance. Just how much was highlighted in a recent snapshot study by www.express-life-insurance.co.uk. This found that the average smoker paid 56% more for life insurance than a non-smoker. Therefore, giving up could easily save you £50 per month on your various insurance premiums. 

So as a non-smoker you could be £2,400 per year better off. Wearing a financial hat I can show you that if a 40 year old man put those savings into a personal pension plan with NFU, then at 5% per annum growth, he'll have a healthy retirement fund of £97,860. On retirement that could give an in the pocket tax-free sum of £24,465, plus an annual lifetime income of £3,830 (or £5,100 per year if the tax-free cash was left in the pension). 

On the other hand let's have more fun! 

For £2,400 you can have a 5 star 10 day holiday for two on Paradise Island in the Maldives. Give up smoking forever and you could afford to go back to Paradise Island every year! 

QED - makes you think doesn't it?
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Life Insurance - Smokers and Overweights Pay Over 50% More!



The life insurance industry is becoming tougher on smokers and those of us who are overweight.
When an insurance company calculates its premiums, it has to work out the risk of you dying whilst the policy is in force. (Or with Critical Illness Insurance, the risk that you will become critically or seriously ill during the policy's term.) In this context, smoking and obesity have become increasingly important issues.
The life insurance industry pointedly ignores the views of some Pro Smoking Pressure Groups which argue that smokers under the age of 40 have around the same probability of dieing as non smokers. David Pickett, Life Insurance Manager at Sainsbury's spoke for the insurance industry when he confirmed "Health risks associated with smoking can have a big effect on life cover costs. It is vital for those who have kicked the habit to review their policies".
Just how big an effect smoking has on life insurance costs was highlighted in a recent snapshot study by www.express-life-insurance.co.uk. This found that the average smoker paid 56% more than a non-smoker. The study was based on nine of the UK's top insurance companies and examined the premiums quoted for two men aged 30 asking for £100,000 cover over 25 years. The only difference between the application details was that one was a smoker and the other wasn't.
The life insurance industry has also recently tightened its belt on the overweight members of society. Previously, only people with a Body Mass Index of 33 or more were considered as overweight. This level has now been reduced by 16%. Now anyone with a BMI of 28 or more is likely to face premiums loaded by 50%. If you're anxious to know whether that includes you, you'll need a calculator! BMI is calculated by dividing your weight in kilos by your height in meters and the result squared.
So if you're intending to apply for life insurance is may be as well to loose a few pounds first - oops kilos - and they're much harder to lose than pounds!
It's not quite so straightforward for smokers. To qualify as a non-smoker, most insurance companies insist that you must not have "smoked or otherwise consumed any form of nicotine products during the previous 12 months." Indeed, some companies go further and extend the qualifying period to 5 years!
Because premiums for smokers and chubbies are so high, it becomes even more important to seek out the cheapest possible prices. As you're an internet surfer, the odds are you'll land a good discount. Just search for cheap life insurance and let your fingers do the walking!! You'll still pay more but the discount will soften the impact on the wallet. Expect online savings of 10% - 15%.
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Travel Insurance - Few Bargains for the Over 65's



At last you've retired. It's now time to relax and experience a slower pace of life. Even enjoy spot of gardening. But not all of today's modern over 65's have heard the message! Retirement is taking a new twist. 

Less of the slower pace of life and substitute jetting around the world! International travel for the retired is here and booming! 

It's all the result of a increased sense of adventure and willingness to experiment, combined with more money in the pocket. Cheaper air tickets have also helped! Even cruises, once the territory of the seriously rich and famous, have become affordable. An escape to Antigua and a fortnight in the Canaries or a weekend in Stockholm are now firmly on the over 65's travelling schedule. 

Then a fly sticks in the ointment. Finding economical travel insurance when you're over 65 is not easy. Insurance companies recognise that people have healthier lives and are living longer, and in recognition the insurers are offering far more products for the older market. But with travel insurance, the over 65's are still faced with exorbitant premiums. 

Premiums rocket as you get older and if you're looking for an annual policy for an extended holiday or a series of holidays, the problem becomes finding a policy at all rather than simply finding the cheapest price. 

The dilemma revolves around the costs of medical claims experienced by the insurers. Over 65's are much more liable to make a medical claim and the claim size is well above average too. Against this, older travellers reportedly lose less luggage - but these savings are counter-balanced by the fact their belongings are liable to be worth more. 

The result is that even if you are fit, the lowest priced annual policy for the over 65's could cost £1,000 per person - that could be more than the cost of the holiday itself. Faced with these charges, the solution is to buy a separate policy for each trip. But even with a good medical history, the cost of insuring a 3-week holiday in the South of France starts around £65, and rises enormously for destinations in America and further a-field. 

What's the solution? You're recommended to shop around. Your travel agent may offer a quotation but don't snap his hand off until you've got competitive prices. You'll almost certainly find a much cheaper alternative through surfing the Internet and buying online. 

But don't make your final decision simply on the basis of cost. Always examine the small print. Some travel policies will insure you for up to 21 days, others up to 31 days or 45 days. Some policies will only cover you if you're staying in booked accommodation rather than staying with friends or relatives. No good for visiting family in New South Wales! Then you need to ensure that you've got adequate cover for medical and hospital expenses and don't spare the horses - think of a high figure and triple it! You'll be amazed how expensive quality medical attention can be whilst you're abroad. Incidentally, it's important that your insurer will fly you home to the UK if your medical condition demands. And don't overlook comparing the excesses you have to pay per claim. Finally, check that the policy pays medical costs direct to the hospital rather than you paying first and having to reclaim. 

And now comes the really good bit - jet off and ENJOY yourself!
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