Question

What duties does an insurance broker owe you?

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Answer

A broker generally acts as your agent, not the insurer's — which is the distinction determining what they owe you and who is responsible when something goes wrong.

What that means. As your agent, a broker owes duties to you: to exercise reasonable skill and care; to understand your requirements; to recommend suitable cover; to explain material terms; and to act in your interests.

Their regulatory obligations. Insurance distribution is regulated by the FCA, requiring firms to act honestly, fairly and professionally in the customer's best interests, and — under the Consumer Duty — to deliver good outcomes for retail customers.

What a broker should actually do for you:

Establish your demands and needs, and provide a statement of them.

Search an appropriate range of the market, and tell you the basis on which they searched — the whole market, a limited panel, or a single insurer. You are entitled to know which, and it matters considerably.

Explain significant exclusions, conditions and warranties, particularly those imposing obligations on you.

Assist with the presentation of risk, which is where their value is greatest — they know what insurers regard as material.

Handle claims and advocate for you.

How they are paid, and why it matters:

Commission from the insurer, which is the traditional model and creates an obvious tension — the broker is your agent while being paid by the other party.

Fees charged to you directly.

Both, in some arrangements.

Disclosure. Commercial customers are entitled to ask about commission and to be told. For consumers, disclosure requirements apply to fees, and the FCA has scrutinised remuneration arrangements, particularly where commission is not proportionate to the work done.

Where a broker may act for the insurer instead — under a binding authority or delegated arrangement — their position differs, and this should be disclosed.

If something goes wrong. A broker who fails to arrange the cover you asked for, fails to disclose a material fact properly, or fails to explain a condition you then breached, may be liable. Brokers must hold professional indemnity insurance for exactly this.

Complaints go to the firm, then to the Financial Ombudsman Service, which is free.

General information, not advice.

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