FOS award hike hits financial advisers’ insurance bills
The Personal Finance Society has beencontacted by financial advisers “across the country” whose professional
indemnity premiums have jumped after the ombudsman’s award limit more than
doubled. On 1 April, the Financial Conduct Authority boosted the top amount
that successful claimants to the Financial Ombudsman Service could be
compensated from £150,000 to £350,000.
Financial advisers are required by regulation to have
PI insurance in order to advise clients, but they argue that the higher PI
premiums force them to raise service charges as well as to consider no longer
offering defined benefit transfer advice.One adviser reported to the PFS that their PI
premium had more than doubled from £5,800 last year to £14,050, with the excess
on DB transfers soaring from £5,000 in 2017 to £20,000 now. A second was
grappling with a PI price tag spike from £6,700 last year, to over £27,000,
“despite the fact his company hadn’t advised on any British Steel pension
transfers”.Another adviser said their PI insurer
increased their policy limits so that cover would remain FCA-compliant but
would only allow his business to carry out three more defined benefit transfer
cases. “After querying the cost to lift the three-case limit, the adviser was
told their premium would increase from 3 per cent to 5 per cent of turnover and
excess levels would be raised from £20,000 to £25,000 on defined benefit
transfer cases,” according to the PFS. The professional body quoted the
adviser, who wished to be anonymous, as saying: “As a small firm turning over
£200,000 a year and focussed on only a few select clients this leaves us
looking to cancel our defined benefit transfer permissions and seriously
concerned about being able to obtain PII cover.”Keith Richards, chief executive of the PFS,
commented: “The raising of the FOS compensation is already having a material
impact on the cost to operate for many firms whilst reducing access and the
affordability of that advice, a key conflict with the Financial Advice Market
Review objectives.” He cautioned: “The increased compensation limit is either
stopping or driving financial advisers to consider no longer advising on
pension transfers and therefore preventing people from being able to exercise
their rights under pension freedoms.”
The PFS has raised these concerns with the Government.
For its part, the FCA has said it may allow financial advisers extra time to
make arrangements for alternative PI cover and expected PI insurers to “deal
fairly” with advisers who are searching for compliant insurance. The regulator
sent a letter to insurers in May attempting to reassure them that only a “small
minority” of FOS cases are likely to qualify for the higher award limit. The
FCA’s director of consumer and retail policy, Nisha Arora, notified in the
letter that the FOS now reports all cases with a potential compensation award
over the previous limit of £150,000 to the service’s legal team and senior
managers.