Written answers
Tuesday, 27 May 2025
Department of Finance
Insurance Industry
Pádraig O'Sullivan (Cork North-Central, Fianna Fail)
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209. To ask the Minister for Finance if he will ensure that all home insurance policy providers secure a no claims bonus certificate from the purchaser prior to any contract being signed; and if he will make a statement on the matter. [26857/25]
Paschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Finance, I have policy responsibility for the development of the legal framework governing financial services regulation, including for the insurance sector. I would like to thank the Deputy for engaging with officials in the Department of Finance to clarify that his question relates to ensuring that all home insurance policy providers secure a no claims confirmation from the purchaser (of the insurance policy), prior to any contract being signed.
With respect to the pre-contractual duties of the insurer and the consumer, it should be noted that Section 8(2) of the Consumer Insurance Contracts Act 2019 (the 2019 Act) provides that the pre-contractual duty of disclosure of a consumer is confined to providing responses to questions asked by the insurer, and the consumer shall not be under any duty to volunteer any information over and above that required by such questions. Further, section 8(3) of the 2019 Act provides that where an insurer requests the consumer at the pre-contractual stage to provide information to the insurer, the insurer is under a duty to ask specific questions, on paper or on another durable medium, and shall not use general questions.
Provision 4.35(b) of the Consumer Protection Code also requires that “A regulated entity must explain to a consumer, at the proposal stage, the consequences for the consumer of failure to make full disclosure of relevant facts [...] including previous insurance claims made by the consumer for the type of insurance sought.”
In situations where a person is not satisfied with the service of an insurance provider, it is advisable that that person make a complaint to the firm's internal complaint resolution process. The Central Bank of Ireland’s Consumer Protection Code requires that if after 40 days the complaint has not been resolved to the customer’s satisfaction, the regulated entity must inform the consumer that they may refer their complaint to the Financial Services and Pensions Ombudsman (FSPO).
The FSPO is a statutory official who acts as an independent arbiter of disputes which consumers may have with their insurance company or other financial service provider. The FSPO can be contacted either by email at info@fspo.ie or by telephone at 01-567-7000. Investigations by the FSPO are free of charge to the complainant. In addition to this, Insurance Ireland operates an Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance, which can be accessed at: feedback@insuranceireland.eu.
Finally, I wish to assure the Deputy that these matters remain a priority for this Government and efforts continue to be made to encourage a responsive approach from the insurance industry to treat policyholders promptly and fairly in line with the protections afforded under the Consumer Protection Code.
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