REC206-1888

The Committee recommends that the Australian Government empower the Australian Securities and Investments Commission to regulate claims handling and settlement of financial service providers. This can be achieved by the Treasurer introducing legislation by 1 July 2012 to give effect to the measures contained in Schedule 1, Part 1 of the lapsed Insurance Contracts Amendment Bill 2010, so that breaches of the duty of utmost good faith in relation to claims handling constitute a breach of the Insurance Contracts Act.
This would enable the Australian Securities and Investments Commission to:
- monitor and regulate claims handling and settlement processes;
- impose sanctions on insurance companies, under Australian Financial Services Licence remedies, on behalf of consumers; and
- negate the current exemption of claims handling and settlement from the definition of financial services for the purpose of the Corporations Act 2001.