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2 Chronicles 5-6 New International Version (NIV)
5 When all the work Solomon had done for the temple of the Lord was finished, he brought in the things his father David had dedicated—the silver and gold and all the furnishings—and he placed them in the treasuries of God's temple.
The Ark Brought to the Temple
2 Then Solomon summoned to Jerusalem the elders of Israel, all the heads of the tribes and the chiefs of the Israelite families, to bring up the ark of the Lord's covenant from Zion, the City of David. 3 And all the Israelites came together to the king at the time of the festival in the seventh month.
4 When all the elders of Israel had arrived, the Levites took up the ark, 5 and they brought up the ark and the tent of meeting and all the sacred furnishings in it. The Levitical priests carried them up; 6 and King Solomon and the entire assembly of Israel that had gathered about him were before the ark, sacrificing so many sheep and cattle that they could not be recorded or counted.
7 The priests then brought the ark of the Lord's covenant to its place in the inner sanctuary of the temple, the Most Holy Place, and put it beneath the wings of the cherubim. 8 The cherubim spread their wings over the place of the ark and covered the ark and its carrying poles. 9 These poles were so long that their ends, extending from the ark, could be seen from in front of the inner sanctuary, but not from outside the Holy Place; and they are still there today. 10 There was nothing in the ark except the two tablets that Moses had placed in it at Horeb, where the Lord made a covenant with the Israelites after they came out of Egypt.
11 The priests then withdrew from the Holy Place. All the priests who were there had consecrated themselves, regardless of their divisions. 12 All the Levites who were musicians—Asaph, Heman, Jeduthun and their sons and relatives—stood on the east side of the altar, dressed in fine linen and playing cymbals, harps and lyres. They were accompanied by 120 priests sounding trumpets. 13 The trumpeters and musicians joined in unison to give praise and thanks to the Lord. Accompanied by trumpets, cymbals and other instruments, the singers raised their voices in praise to the Lord and sang:
"He is good;
Then the temple of the Lord was filled with the cloud, 14 and the priests could not perform their service because of the cloud, for the glory of the Lord filled the temple of God.
6 Then Solomon said, "The Lord has said that he would dwell in a dark cloud; 2 I have built a magnificent temple for you, a place for you to dwell forever."
3 While the whole assembly of Israel was standing there, the king turned around and blessed them. 4 Then he said:
"Praise be to the Lord, the God of Israel, who with his hands has fulfilled what he promised with his mouth to my father David. For he said, 5 'Since the day I brought my people out of Egypt, I have not chosen a city in any tribe of Israel to have a temple built so that my Name might be there, nor have I chosen anyone to be ruler over my people Israel. 6 But now I have chosen Jerusalem for my Name to be there, and I have chosen David to rule my people Israel.'
7 "My father David had it in his heart to build a temple for the Name of the Lord, the God of Israel. 8 But the Lord said to my father David, 'You did well to have it in your heart to build a temple for my Name. 9 Nevertheless, you are not the one to build the temple, but your son, your own flesh and blood—he is the one who will build the temple for my Name.'
10 "The Lord has kept the promise he made. I have succeeded David my father and now I sit on the throne of Israel, just as the Lord promised, and I have built the temple for the Name of the Lord, the God of Israel. 11 There I have placed the ark, in which is the covenant of the Lord that he made with the people of Israel."
Solomon's Prayer of Dedication
12 Then Solomon stood before the altar of the Lord in front of the whole assembly of Israel and spread out his hands. 13 Now he had made a bronze platform, five cubits long, five cubits wide and three cubits high,[a] and had placed it in the center of the outer court. He stood on the platform and then knelt down before the whole assembly of Israel and spread out his hands toward heaven. 14 He said:
"Lord, the God of Israel, there is no God like you in heaven or on earth—you who keep your covenant of love with your servants who continue wholeheartedly in your way. 15 You have kept your promise to your servant David my father; with your mouth you have promised and with your hand you have fulfilled it—as it is today.
16 "Now, Lord, the God of Israel, keep for your servant David my father the promises you made to him when you said, 'You shall never fail to have a successor to sit before me on the throne of Israel, if only your descendants are careful in all they do to walk before me according to my law, as you have done.' 17 And now, Lord, the God of Israel, let your word that you promised your servant David come true.
18 "But will God really dwell on earth with humans? The heavens, even the highest heavens, cannot contain you. How much less this temple I have built! 19 Yet, Lord my God, give attention to your servant's prayer and his plea for mercy. Hear the cry and the prayer that your servant is praying in your presence. 20 May your eyes be open toward this temple day and night, this place of which you said you would put your Name there. May you hear the prayer your servant prays toward this place. 21 Hear the supplications of your servant and of your people Israel when they pray toward this place. Hear from heaven, your dwelling place; and when you hear, forgive.
22 "When anyone wrongs their neighbor and is required to take an oath and they come and swear the oath before your altar in this temple, 23 then hear from heaven and act. Judge between your servants, condemning the guilty and bringing down on their heads what they have done, and vindicating the innocent by treating them in accordance with their innocence.
24 "When your people Israel have been defeated by an enemy because they have sinned against you and when they turn back and give praise to your name, praying and making supplication before you in this temple, 25 then hear from heaven and forgive the sin of your people Israel and bring them back to the land you gave to them and their ancestors.
26 "When the heavens are shut up and there is no rain because your people have sinned against you, and when they pray toward this place and give praise to your name and turn from their sin because you have afflicted them, 27 then hear from heaven and forgive the sin of your servants, your people Israel. Teach them the right way to live, and send rain on the land you gave your people for an inheritance.
28 "When famine or plague comes to the land, or blight or mildew, locusts or grasshoppers, or when enemies besiege them in any of their cities, whatever disaster or disease may come, 29 and when a prayer or plea is made by anyone among your people Israel—being aware of their afflictions and pains, and spreading out their hands toward this temple— 30 then hear from heaven, your dwelling place. Forgive, and deal with everyone according to all they do, since you know their hearts (for you alone know the human heart), 31 so that they will fear you and walk in obedience to you all the time they live in the land you gave our ancestors.
32 "As for the foreigner who does not belong to your people Israel but has come from a distant land because of your great name and your mighty hand and your outstretched arm—when they come and pray toward this temple, 33 then hear from heaven, your dwelling place. Do whatever the foreigner asks of you, so that all the peoples of the earth may know your name and fear you, as do your own people Israel, and may know that this house I have built bears your Name.
34 "When your people go to war against their enemies, wherever you send them, and when they pray to you toward this city you have chosen and the temple I have built for your Name, 35 then hear from heaven their prayer and their plea, and uphold their cause.
36 "When they sin against you—for there is no one who does not sin—and you become angry with them and give them over to the enemy, who takes them captive to a land far away or near; 37 and if they have a change of heart in the land where they are held captive, and repent and plead with you in the land of their captivity and say, 'We have sinned, we have done wrong and acted wickedly'; 38 and if they turn back to you with all their heart and soul in the land of their captivity where they were taken, and pray toward the land you gave their ancestors, toward the city you have chosen and toward the temple I have built for your Name; 39 then from heaven, your dwelling place, hear their prayer and their pleas, and uphold their cause. And forgive your people, who have sinned against you.
40 "Now, my God, may your eyes be open and your ears attentive to the prayers offered in this place.
41 "Now arise, Lord God, and come to your resting place,
Cross references:
New International Version (NIV)
Holy Bible, New International Version®, NIV® Copyright ©1973, 1978, 1984, 2011 by Biblica, Inc.® Used by permission. All rights reserved worldwide.
NIV Reverse Interlinear Bible: English to Hebrew and English to Greek. Copyright © 2019 by Zondervan.
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Sweeten Up Your Spring Wardrobe with These 22 Pastel Finds
Pastel is the ultimate springtime shade. From buttercup and petal pink to pistachio and powdery blue, these soft colors usher in the new season with sophisticated ease. Not to mention, they are a refreshing departure from winter's usually moody tones.
Pastels are destined to play with equally soft colors but the trick to bringing out the dreamy undertones is to mix in unexpected fabrics. Metallics work wonderfully with pastels: There is something so charming-yet-cool about teaming a futuristic finish with a sherbet shade. Also, pastels will stand out just as well when paired with a creamy white hue. This combination is a foolproof approach to updating an on-trend all-white look.
If pastels are too sweet for your taste, juxtapose them with something edgy. Think: a combat boot or hardware-heavy accessories. Or, go for a tough-chic piece doused in a pastel shade, like the Zara moto jacket shown above. Playing with textures and details is another way to up the ante. The rose-colored Rebecca Taylor top shown above has a mixed media feel while the Marni dress is undeniably sweet thanks to its ultra-fem bow.
For a beauty look, opt for a pastel lip. Our favorite is Nars' Velvet Matte lip pencil. It's easy to swipe on (much less intimidating than red and orange!) and just as easy to pull off—soft pinks are a no-fail in the makeup department since the color is universally flattering.
We went on a quest to find the dreamiest pastel pieces and put all of our favorites here in one place. Click through the gallery to shop 22 sweet treats—accessories and beauty products included!

subset: commoncrawl


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Spaceprincess wrote:Yeahduff wrote:I see it but assume I'm too old to understand. Think I'm OK with that.
You've achieved meta level anti-hipster. It's kewl to not be kewl because being not kewl is too kewl for the non kewl kids
Can't shut it off I guess.
Spaceprincess wrote:Wanna play? I can pencil you in for Spring 2012.
I'm still waiting for you to hate my webcomic...
I've been hating everything for a good span of time now which would technically include your webcomic but I suppose you had something more specific in mind. Ptf. Americans.
Spaceprincess wrote:I'm 38. Prolly older than you old man.
It's how old you feel that counts.


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- Cancer Prevention
- Cataracts
- Exercise-induced Asthma
- Heart Disease
- High Blood Pressure
- Intrauterine Growth Retardation
- Leukoplakia
- Macular Degeneration
- Preeclampsia
- Cancer Treatment
- Gingivitis (Periodontal Disease)
- Male Infertility
- Oral Submucous Fibrosis
Lycopene is a powerful antioxidant found in tomatoes and pink grapefruit. Like the better-known supplement beta-carotene , lycopene belongs to the family of chemicals known as carotenoids . As an antioxidant, it is about twice as powerful as beta-carotene.
Lycopene is not a necessary nutrient. However, like other substances found in fruits and vegetables, it may be very important for optimal health.
Tomatoes are the best source of lycopene. Happily, cooking doesn't destroy lycopene, so pizza sauce is just as good as a fresh tomato. In fact, some studies indicate that cooking tomatoes in oil may provide lycopene in a way that the body can use better, 1,2 although not all studies agree. 3 Lycopene is also found in watermelon, guava, and pink grapefruit. Synthetic lycopene is also available and appears to be as well absorbed as natural-source lycopene. 30
Therapeutic Dosages
The optimum dosage for lycopene has not been established, but the amount found helpful in studies generally fell in the range of 4 to 8 mg daily.
It has been suggested the lycopene is better absorbed when it is taken with fats such as olive oil, but one study failed to find any meaningful change in absorption. 34
Therapeutic Uses
Some but not all observational studies suggest that foods containing lycopene may help prevent macular degeneration , cataracts , cardiovascular disease , and cancer . 5-13,31,37 However, observational studies are highly unreliable means of determining the effectiveness of medical treatments; only double-blind studies can do so, and few have yet been performed that relate to these potential uses of lycopene. (For more information on why double-blind trials are so important, see Why Does this Database Rely on Double-blind Studies? )
The best study of lycopene thus far evaluated its possible benefits for pregnant women. 28 Participants in this double-blind study of 251 women received either placebo or 2 mg of lycopene twice daily. For reasons that are not at all clear, use of lycopene appeared to reduce risk of preeclampsia , a dangerous complication of pregnancy. In addition, use of lycopene appeared to help prevent inadequate growth of the fetus. However despite these promising results researchers are cautious about drawing conclusions: several other nutritional substances have shown promise for preventing preeclampsia in preliminary trials only to fail when larger and more definitive studies were done. 29
In another study, the effects of lycopene supplements were evaluated in 2 arms of a randomized trial with a total of 72 people. Participants included those taking statins for cardiovascular disease (CVD) and healthy people not taking CVD medications. Each group was randomized to 7 g of lycopene for 2 months or placebo. Lycopene was not associated with changes in blood pressure or cholesterol when compared to placebo in either group. 49
Lycopene has also shown promise for leukoplakia , a precancerous condition of the mouth and other mucous membranes. In a double-blind, placebo-controlled study, 58 people with oral leukoplakia received either 8 mg oral lycopene daily, 4 mg daily, or placebo capsules for three months. 32 Participants were then followed for an additional two months. The results indicated that lycopene in either dose was more effective than placebo for reducing signs and symptoms of leukoplakia, and that 8 mg daily was more effective than 4 mg.
Lycopene (taken at a dose of 16 g daily) has shown promise for oral submucous fibrosis, a severe condition of the mouth primarily associated with excessive chewing of betel nuts. 47
Regarding yet another mouth condition, gingivitis (periodontal disease), the results of a small double-blind trial suggest that lycopene can offers benefits when taken on its own, or when used to augment the effectiveness of standard care. 48
Much weaker evidence—far too weak to rely upon at all—hints that lycopene or a standardized tomato extract containing lycopene might be helpful for treating a number of conditions, including prostate cancer,23,35,43hypertension , 36breast cancer24 and male infertility , 25 and for preventing heart disease , 26sunburn , 33 and testicular damage caused by the cancer chemotherapy drug adriamycin. 41
Weak evidence hints that lycopene might help protect against side-effects caused by the drug doxorubicin , specifically damage to the heart and to developing sperm cells. 44-46
Results of studies have been inconsistent regarding the effects of lycopene and exercise-induced asthma . 27,39
One observational study failed to find that high consumption of lycopene reduced risk of developing diabetes . 40
Safety Issues
Lycopene is believed to be a safe supplement, as evidenced by the fact that researchers felt comfortable giving it to pregnant women. 28 One evaluation of the literature concluded that long term use of lycopene should be generally safe in doses up to at least 75 mg per day. 42
Note : We suggest that pregnant women should consult with a physician before taking any herbs or supplements.
Maximum safe dosages for young children, pregnant or nursing women, or those with severe liver or kidney disease have not been established.
Revision Information
- Reviewer: EBSCO CAM Review Board
- Review Date: 12/2015 -
- Update Date: 12/15/2015 -


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Vitra Design Museum + Vitra Schaudepot17,00 € / 15,00 €*Vitra Design Museum 11,00 € / 9,00 €*Vitra Schaudepot8,00 € / 6,00 €*Architecture tour 2h14,00 € / 10,00 €* Guided tours 1h (Exhibition tour, Production tour or Behind the Scenes)7,00 € / 5,00 €**Reduced prices: young people from age 12, students, seniors,disabled persons, groups of more than 10 people, combination of 3 and more tickets/person, children under 12 years of age free
Vitra Design MuseumCharles-Eames-Str. 2D-79576 Weil am RheinT +49.7621.702.3200F +email@example.com
Daily 10 am – 6 pm. The museum is open on all Sundays and public holidays.On 24 December the museum isopen 10 am – 2 pm.
Buy online here
Watch here
Home Stories: 100 Years, 20 Visionary Interiors
08.02.2020 – 23.08.2020Vitra Design MuseumGae Aulenti: A Creative Universe
29.02.2020 – 11.10.2020Vitra SchaudepotTypology: An Ongoing Study of Everyday Items
07.12.2019 – 31.05.2020Vitra Design Museum GalleryThe Vitra Design Museum Collection – 1800 to the Present
Permanent exhibitionVitra Schaudepot
Victor Papanek
07.03.2020 – 24.05.2020C-mine design centreGenk, Belgium
Objects of Desire
27.02.2020 – 07.06.2020CaixaForumBarcelona, Spain
Night Fever
25.01.2020 – 27.09.2020Designmuseum Danmark Copenhagen, Danmark
Alexander GirardA Designer's Universe
23.11.2019 – 01.03.2020 Palm Springs Art MuseumPalm Springs, USA
All exhibitions
The collection of the Vitra Design Museum ranks among the most important holdings of furniture design worldwide. It contains some 7000 pieces of furniture, a vast assemblage of lighting objects and numerous archives, as well as the Collection of the Eames Office, or the estates of Verner Panton and Alexander Girard. On 4 June 2016 the Vitra Schaudepot was opened, created by the architectural firm Herzog & de Meuron, in which the Vitra Design Museum presents key pieces of its collection.
Guided tours through the Vitra Schaudepot:Highlights from the CollectionEvery Saturday and Sunday,2 pmBehind the ScenesEvery first Friday of the month,3 pm (in German)Focus Tour: MaterialEvery third Friday of the month, 3 pm (in German)
Vitra Design Museum + Vitra Schaudepot17,00 € / 15,00 €*Vitra Design Museum 11,00 € / 9,00 €*Vitra Schaudepot8,00 € / 6,00 €*Architecture tour 2h14,00 € / 10,00 €*Guided tours 1h (Exhibition tour, Production tour or Behind the Scenes)7,00 € / 5,00 €**Reduced prices: young people from age 12, students, seniors,disabled persons, groups of more than 10 people, combination of 3 and more tickets/person, children under 12 years of age free
Vitra Design MuseumCharles-Eames-Str. 2D-79576 Weil am RheinT +49.7621.702.3200F +email@example.com
At the Vitra Schaudepot, which is designed by Herzog & de Meuron, the Vitra Design Museum presents key objects from its extensive collection, creating one the largest permanent exhibitions and research sites on contemporary furniture design. Today the collection of the Vitra Design Museum encompasses a total of around 20 000 objects, with some 7000 pieces of furniture, more than 1000 lighting objects and numerous archives, as well as the estates of such designers as Charles & Ray Eames, Verner Panton and Alexander Girard. Although the main museum building by Frank Gehry (1989) was originally conceived to house the collection, the museum utilises the space to stage major temporary exhibitions. The construction of the Schaudepot allows for a permanent presentation of the collection, while offering a diverse educational programme. The cornerstone for the collection was laid by the museum's founder Rolf Fehlbaum. In the 1980s he assembled a collection of furniture, which he transferred to the Vitra Design Museum upon its founding in 1989. Ever since, the collection has been expanded by the museum's directors Alexander von Vegesack (1989 to 2010), followed by Mateo Kries and Marc Zehntner (since 2011) together with Rolf Fehlbaum and now numbers among the largest of its kind. The presentation at the Schaudepot is divided into three areas with a total of around 1600 sqm. The ground floor contains the main hall where the extensive permanent exhibition is shown. The central focus is a selection of more than 400 key pieces of modern furniture design from the 1800s until today, including early Bugholz furniture, iconic modernist pieces by Le Corbusier, Alvar Aalto or Gerrit Rietveld, but also more recent examples of 3D-printed objects and lesser-known or anonymous objects, prototypes and experimental models. The permanent exhibition is complemented by smaller, temporary presentations focusing on items of the stored collection. The selection reflects the main areas of emphasis and key pieces of the museum collection while simultaneously providing a comprehensive overview of the history of furniture design - from stylistic and technical innovations to the societal transformations reflected in the objects. Detailed information on the objects is communicated in a digital catalogue that visitors of the Schaudepot can access via their smartphones or guest tablets that can be received from the reception. While the permanent exhibition in the main hall of the Schaudepot is structured chronologically, the glimpses of the other collection holdings on the lower ground level present thematic focal points and offer a view behind the scenes of the museum where conservators and curators deal with objects from the collection on a daily basis. Other aspects of the Schaudepot also serve to make museum work more comprehensible and accessible to the public. From the café, guests can see into the museum offices and the library, which is open to researchers and students on request. The restoration workshop can also be visited as part of our guided campus tours. With these measures, the Vitra Design Museum raises awareness of the collection and its focus on furniture design and makes it more accessible for visitors and research. At the same time, it reacts towards recent developments that are characteristic for the contemporary design and museum world. Today, design is everywhere - hence a design museum in the 21st century cannot simply collect and exhibit objects, but needs to convey the underlying meaning of the design behind a specific item, by initiating discussions, by revealing societal correlations and by finding connections to architecture, art or technology.


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Related provisions for PERG 6.6.4
1 - 20 of 140 items.
Article 53(1)2 of the Regulated Activities Order (Advising on Investments (except P2P agreements)2) makes advising on contracts of insurance a regulated activity. This covers advice which is both:(1) given to a person in his capacity as an insured or potential insured, or as agent for an insured or a potential insured; and(2) advice on the merits of the insured or his agent:(a) buying, selling, subscribing for or underwriting a particular contract of insurance; or(b) exercising
For advice to fall within article 53(1)2, it must:(1) relate to a particular contract of insurance (that is, one that a person may enter into);(2) be given to a person in his capacity as an investor or potential investor;(3) be advice (that is, not just information); and(4) relate to the merits of a personbuying, selling, subscribing for or underwriting (or exercising any right to do so) a contract of insurance or rights to or interests in life policies.
Advice about contracts of insurance will come within the regulated activity in article 53(1)2 of the Regulated Activities Order only if it relates to a particular contract of insurance. So, generic or general advice will not fall under article 53(1)2. In particular:(1) advice would come within article 53(1)2 if it took the form of a recommendation that a person should buy the ABC Insurers motor insurance;(2) advice would not relate to a particular contract if it consists of a
Typical recommendations and whether they will be regulated as advice on contracts of insurance under article 53(1)2 of the Regulated Activities Order. This table belongs to PERG 5.8.4 G.2RecommendationRegulated under article 53(1)2 or not?I recommend you take the ABC Insurers motor insurance policyYes.This is even the case if ABC Insurers has many different motor insurance policies, as explained in PERG 4.6.6 G. Although PERG 4.6.6 G is about mortgages the same reason applies
For the purposes of article 53(1)2, advice must be given to a person in that person's'3 capacity as an investor or potential investor (which, in the context of contracts of insurance, will mean as policyholder or potential policyholder). So, article 53(1)2 will not apply where advice is given to persons who receive it as:(1) an adviser who will use it only to inform advice they give3 to others; or(2) a journalist or broadcaster who will use it only for journalistic purposes
Advice will still be covered by article 53(1)2 even though it may not be given to any particular policyholder (for example, advice given in a periodical publication or on a website). Such advice would, however, be unlikely to be a personal recommendation (see PERG 5.8.3AG, PERG 8.24.1G and PERG 8.30BG).3
In the FCA's view, advice requires an element of opinion on the part of the adviser. In effect, it is a recommendation as to a course of action. Information, on the other hand, involves statements of facts or figures.
In general terms, simply giving information, without making any comment or value judgement on its relevance to decisions which a person may make, is not advice. In this respect, it is irrelevant that a person may be providing information on a single contract of insurance or on two or more. This means that a person may provide information on a single contract of insurance without necessarily being regarded as giving advice on it. PERG 5.8.11 G has guidance on the circumstances
In the case of article 53(1)2, information relating to buying or sellingcontracts of insurance may often involve one or more of the following:(1) an explanation of the terms and conditions of a contract of insurance whether given orally or in writing or by providing leaflets and brochures;(2) a comparison of the features and benefits of one contract of insurance compared to another;(3) the production of pre-purchase questions for a person to use in order to exclude options that
In the FCA's opinion, however, such information is likely to take on the nature of advice if the circumstances in which it is provided give it the force of a recommendation. Examples of situations where information provided by a person (P) might take the form of advice are given below.(1) P may provide information on a selected, rather than balanced and neutral, basis that would tend to influence the decision of a person. This may arise where P offers to provide information about
Advice under article 53(1)2 relates to the advantages and disadvantages of buying, selling, subscribing for or underwriting a particular contract of insurance. It is worth noting that, in this context, 'buying' and 'selling' are defined widely under article 3 of the Regulated Activities Order (Interpretation). 'Buying' includes acquiring for valuable consideration, and 'selling' includes surrendering, assigning or converting rights under a contract of insurance.
The requirements imposed by the IDD3 (see PERG 5.2.5 G (Approach to implementation of the IMD)) and the text of article 2.3 IDD3 articles 2.1(1), 2.1(2) and 2. 2 in PERG 5.16.1 G3are narrower than the scope of the Regulated Activities Order (see PERG 5.2.7 G (Approach to implementation of the IDD)). Unlike3 the Regulated Activities Order, they do not relate to the assignment of contracts of insurance. This is of relevance to, amongst others, persons involved in the 'second-hand'
Generally speaking, advice on the merits of using a particular insurance undertaking, broker or adviser in their capacity as such, does not amount to advice for the purpose of article 53(1)2. It is not advice on the merits of buying or selling a particular contract of insurance (unless, in the circumstances, the advice amounts to an implied recommendation of a particular policy).
Pre-purchase questioning involves putting a sequence of questions in order to extract information from a person with a view to facilitating the selection by that person of a contract of insurance or other product that meets his needs. A decision tree is an example of pre-purchase questioning. The process of going through the questions will usually narrow down the range of options that are available.
A key issue for those firms proposing to use pre-purchase questioning is whether the specific questioning used may amount to advice. There are two main aspects:(1) advice must relate to a particular contract of insurance (see PERG 5.8.4 G (Advice must relate to a particular contract of insurance)); and(2) the distinction between information and advice (see PERG 5.8.8 G to PERG 5.8.11 G (Advice or information)).Whether or not pre-purchase questioning in any particular case is advising
The potential for variation in the form, content and manner of pre-purchase questioning is considerable, but there are two broad types. The first type involves providing questions and answers which are confined to factual matters (for example, the amount of the cover). In the FCA's view, this does not itself amount to advising on contracts of insurance, if it involves the provision of information rather than advice. There are various possible scenarios, including the following:(1)
The second type of pre-purchase questioning involves providing questions and answers incorporating opinion, judgement or recommendation. There are various possible scenarios, including the following:(1) the pre-purchase questioning may not lead to the identification of any particular contract of insurance; in this case, the questioner has provided advice, but it is generic advice and does not amount to advising on contracts of insurance; and(2) the pre-purchase questioning may
In the case of PERG 5.8.18G (2) and similar scenarios, the FCA considers that it is necessary to look at the process and outcome of pre-purchase questioning as a whole. It may be that the element of advice incorporated in the questioning can properly be viewed as generic advice if it were considered in isolation. But although the actual advice may be generic, the process has ended in identifying one or more particular contracts of insurance. The combination of the generic advice
With the exception of:(1) periodicals, broadcasts and other news or information services (see PERG 5.8.24 G to PERG 5.8.25 G (Exclusion: periodical publications, broadcasts and web-sites)); and(2) situations involving an overseas element (see, generally, PERG 5.12 (Link between activities and the United Kingdom) and, in particular, PERG 5.12.8 G (Where is insurance distribution carried on?)),3the use of the medium itself to give advice should make no material difference to whether
Advice can be provided in many ways including:(1) face to face;(2) orally to a group;(3) by telephone;(4) by correspondence (including e-mail);(5) in a publication, broadcast or web-site; and(6) through the provision of an interactive software system.
An important exclusion from advising on contracts of insurance relates to advice given in periodical publications, regularly updated news and information services and broadcasts (article 54 of the Regulated Activities Order (Advice given in newspapers etc)). The exclusion applies if the principal purpose of the publication or service taken as a whole (including any advertising content) is neither to give advice of a kind mentioned in article 53 (Advising on investments) or article
The Regulated Activities Order contains other limited exclusions which have the effect of preventing certain activities from amounting to advice on contracts of insurance. These are referred to in PERG 5.11.8 G (Exclusions applying to more than one regulated activity) to PERG 5.11.16 G (Large risks).
12In some cases other factors may be included in the overall calculation, for example, if mortgage arrangement fees were waived by agreement on the occasion of the endowment policy being taken out.
12If, on comparing the complainant's current endowment position with the repayment alternative, the surrender value of the endowment policy exceeds the amount of the capital which the complainant would have repaid through the repayment method, then, at the point of the assessment, the complainant has suffered no capital loss (but the complainant may suffer some compensatable consequential loss associated with changing the mortgage arrangements to the repayment basis, see DISP
12It is unlikely to be reasonable to bring "savings" into account in circumstances where, at the time of the sale of the policy:(1) the complainant was advised or informed orally or in writing that he would have lower outgoings than would be the case under a repayment mortgage, whether or not the difference was quantified; and(2) the complainant has dissipated those "savings" on the strength of this advice or information.
12It would not be unreasonable if a firm providing redress in these circumstances were to frame its offer of redress on the assumption that the complainant will agree to surrender the policy. However, firms should bear in mind that there may be circumstances where it is appropriate for the complainant to retain the policy, for example, where it is being retained as a savings vehicle.
12If a complainant becomes aware that he has taken out the endowment policy on the basis of unsuitable advice and inadequate information, he should if necessary, after taking appropriate advice, take reasonable steps to limit his loss, and may in any subsequent claim be unable to recover for losses which are avoidable. The complainant may have to show that he has not delayed unreasonably since becoming aware of his loss. The reasonable costs and expenses the complainant may have
12Example 1Example 1 Capital shortfall and higher endowment mortgage outgoingsBackgroundCapital sum of £50,00025 year endowment policyDuration to date: 5 yearsEndowment premium per month: £75Established factsEndowment surrender value:£3,200Capital repaid under equivalent repayment mortgage:£4,200Surrender value less capital repaid:(£1,000)Cost of converting from endowment mortgage to repayment mortgage: (£200)Total outgoings to date Equivalent repayment mortgage (capital + interest
12Example 2Example 2Capital shortfall partially offset by lower endowment mortgage outgoingsBackgroundCapital sum of £50,00025 year endowment policyDuration to date: 5 yearsEndowment premium per month: £60Established factsEndowment surrender value: £2,500Capital repaid under equivalent repayment mortgage£4,200Surrender value less capital repaid under equivalent repayment mortgage:(£1,700)Cost of converting from endowment mortgage to repayment mortgage (£300)Total outgoings to
12Example 3Example 3Capital shortfall more than offset by lower endowment mortgage outgoingsBackgroundCapital sum of £50,00025 year endowment policyDuration to date: 8 yearsEndowment premium per month: £65Established factsEndowment surrender value: £7,300Capital repaid under equivalent repayment mortgage:£7,600Surrender value less capital repaid:(£300)Cost of converting from endowment mortgage to repayment mortgage: (£200)Total outgoings to date: Repayment mortgage (capital +
12Example 4Example 4Capital surplus more than offset by higher endowment mortgage outgoingsBackgroundCapital sum of £50,00025 year endowment policyDuration to date: 8 yearsEndowment premium per month: £75Established factsEndowment surrender value: £7,800Capital repaid under equivalent repayment mortgage:£7,600Surrender value less capital repaid:£200Cost of converting from endowment mortgage to repayment mortgage: (£250)Total outgoings to date: Repayment mortgage (capital + interest
12Example 5Example 5Capital surplus partially offset by higher endowment mortgage outgoings BackgroundCapital sum of £50,00025 year endowment policyDuration to date: 10 yearsEndowment premium per month: £75Established factsEndowment surrender value: £11,800Capital repaid under equivalent repayment mortgage£9,700Surrender value less capital repaid:£2,100Cost of converting from endowment mortgage to repayment mortgage: (£300)Total outgoings to date: Repayment mortgage (capital +
12Example 6Example 6Capital surplus and lower endowment mortgage outgoings BackgroundCapital sum of £50,00025 year endowment policyDuration to date: 10 yearsEndowment premium per month: £65Established factsEndowment surrender value: £10,100Capital repaid under equivalent repayment mortgage£9,700Surrender value less capital repaid:£400Cost of converting from endowment mortgage to repayment mortgage: (£200)Total outgoings to date: Repayment mortgage (capital + interest + DTA life
12Example 7Example 7Low start endowment mortgageBackgroundCapital sum of £50,00025 year endowment policyDuration to date: 10 yearsEndowment premium per month: starting at £35 in first year, increasing by 20% simple on each policy anniversary, reaching £70 after five years and then remaining at that level. Established facts:Endowment surrender value:£8,200Capital repaid under equivalent repayment mortgage:£9,700Surrender value less capital repaid:(£1,500)Cost of converting from
(1) 1The general application rule in ICOBS 1.1.1 R applies to this section subject to the modifications in (2).(2) This section applies to:(a) any firm solely with respect to the activities of:(i) carrying out contracts of insurance; or(ii) managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's;in relation to general insurance contracts and, in either case, including business accepted under reinsurance to close;(b) all incoming EEA firms or incoming
ICOBS 8.4 does not generally apply to activities carried out in relation to a reinsurance contract (see ICOBS 1.1.2 R and ICOBS 1 Annex 1 Part 2 1.1 R) but it does apply to business accepted under reinsurance to close.
The purpose of ICOBS 8.4 is to assist individuals with claims arising out of their course of employment in the United Kingdom for employers carrying on, or who carried on, business in the United Kingdom, to identify an insurer or insurers that provided employers' liability insurance (other than certain co-insurance and excess cover arrangements)2 by requiring insurers to produce an employers' liability register and to conduct effective searches for historical policies3. In particular
(1) A firm carrying out contracts of insurance, or a managing agent managing insurance business, including in either case business accepted under reinsurance to close, which includes United Kingdom commercial lines employers' liability insurance, must:(a) produce an employers' liability register complying with the requirements in (2) and ICOBS 8 Annex 1;(b) [deleted]5(c) [deleted]5(1A) [deleted]5(2) For the purposes of (1)(a) the employers' liability register is required to:(a)
A firm must:(1) notify the FCA, within one month of falling within ICOBS 8.4.1R (2), as to whether or not it, or, if relevant, a member of the syndicates it manages, carries on business falling within ICOBS 8.4.4R (1) and, if it does, include in that notification: (a) details of the internet address of the firm or tracing office at which the employers' liability register is made available;(b) the name of a contact person at the firm and their telephone number or postal address,
2A firm with potential liability under an excess policy and which satisfies the requirements in ICOBS 8 Annex 1 1.1B R must notify the FCA before the date upon which it first seeks to rely upon that rule and ensure that the requirements of ICOBS 8.4.6R (2) are satisfied in respect of this notification.
(1) A firm must notify the FCA:(a) of any information provided to the FCA under ICOBS 8.4.6 R or ICOBS 8.4.6A R2 which ceases to be true or accurate; and(b) of the new position, in accordance with the notification requirements in ICOBS 8.4.6 R;within one month of the change.(2) A firm producing an employers' liability register must:(a) update the register with any new or more accurate information falling within ICOBS 8 Annex 1:(i) by virtue of the entry into or renewal of, or
(1) 2For the purposes of ICOBS 8.4.11R (2)(a), 8.4.11R (2)(b) and ICOBS 8 Annex 1 a claim is deemed to be made in relation to a policy at the date on which the firm establishes, or otherwise accepts, that it has provided relevant cover under the policy, and is therefore potentially liable subject to the terms of the policy.(2) A firm must use reasonable endeavours to establish whether it has provided relevant cover:(a) within three months of being notified of a potential claim;
3A firm with actual or potential liability for United Kingdom commercial lines employers' liability insurance claims must take reasonable steps to conduct effective searches of their records when they receive a request to carry out a search for a historical policy from persons falling into one of the categories in ICOBS 8.4.4R (2)(c) or a tracing office which meets the conditions in ICOBS 8.4.9 R.
3A firm must put in place a written policy for complying with ICOBS 8.4.14 R and operate in accordance with it. The policy must cover at least the following matters:(1) details of where the firm's historical policies are held or are likely to be held (including details of records which are archived or stored off site);(2) details of the different types of records to be searched by the firm, such as electronic files, paper files, and microfiche; and(3) details of how the searches
(1) 3When a firm receives a request under ICOBS 8.4.14 R, from a qualifying tracing office, it must provide a response, in writing, to the requestor within one month of receiving the request.(2) This rule does not apply when the firm has conducted a search but no historical policies have been found.(3) When a firm receives a request under ICOBS 8.4.14 R, other than from a qualifying tracing office, it must provide a response, in writing, to the requestor within two months of receiving
(1) 3Where a firm has established that a historical policy does exist, the response should confirm what cover was provided and set out any available information that is relevant to the request received.(2) Where there is evidence to suggest that a historical policy does exist, but the firm is unable to confirm what cover was provided, the response should set out any information relevant to the request and describe the next steps (if any) the firm will take to continue the search.
In principle, a significant part of disaster recovery business could potentially fall within the description of a contract of insurance set out in PERG 6.3.4 G. The provider undertakes, in consideration of a payment, to provide the recipient with services (alternative facilities) in response to a defined event (a disaster), which is adverse to the interests of the recipient and the occurrence of which is uncertain. The risk dealt with under the disaster recovery contract is a
Based on these features, the FCA reached the conclusion, with which the other terms of the contracts were consistent (PERG 6.6.8 G (3)), that these disaster recovery contracts were not contracts of insurance.
An important part of the conclusion in PERG 6.7.5 G was that, although the provider assumed a risk at the outset of the contract, looking at the contract as a whole and interpreting the common law in the context of the FCA objectives (see PERG 6.5.2 G and PERG 6.5.3 G) there was no relevant assumption of risk.(1) The presence or absence of an assumption of risk is an important part of the statutory rationale for the prudential regulation of insurance.(2) In Medical Defence Union
The FCA is unlikely to classify a contract containing a simple manufacturer's or retailer's warranty as a contract of insurance, if the FCA is satisfied that the warranty does no more that crystallise or recognise obligations that are of the same nature as a seller's or supplier's usual obligations as regards the quality of the goods or services.
Other things being equal, the FCA is likely to classify a contract of sale containing a warranty that has one or more of the features in PERG 6.7.11 G as a contract of insurance. The features in PERG 6.7.11 G (1) and (2) typically distinguish a 'third party' warranty and an 'extended warranty' from a 'simple' manufacturer's or retailer's warranty.
If a warranty is provided by a third party, the FCA will usually treat this as conclusive of the fact that there are different transactions and an assumption or transfer of risk. This conclusion would not usually depend on whether the provider is (or is not) a part of the same group of companies as the manufacturer or retailer. But it will be the third party (who assumes the risk) that is potentially effecting a contract of insurance.
A manufacturer or retailer may undertake a warranty obligation to his customer in a separate contract with the customer, distinct from the contract of sale or supply of goods or services. The FCA will examine the separate contract to see if it is a contract of insurance. But the mere existence of a separate warranty contract is unlikely to be conclusive by itself.
A manufacturer or retailer may undertake an obligation to ensure that the customer becomes a party to a separate contract of insurance in respect of the goods sold. This would include, for example, a contract for the sale of a freezer, with a simple warranty in relation to the quality of the freezer, but also providing insurance (underwritten by an insurer and in respect of which the customer is the policyholder) covering loss of frozen food if the freezer fails. The FCA is unlikely
The FCA distinguishes the contract in PERG 6.7.15 G from a contract under which the manufacturer or retailer assumes the obligation to provide the customer with an indemnity against loss or damage if the freezer fails, but takes out insurance to cover the cost of having to provide the indemnity to the customer. The obligation to indemnify is of a different nature from the seller's or supplier's usual obligations as regards the quality of goods or services and is an insurance obligation.
The following are examples of typical warranty schemes operated by motor dealers. Provided that, in each case, the FCA is satisfied that the obligations assumed by the dealer are not significantly more extensive in content, scope or duration that a dealer's usual obligations as to the quality of motor vehicles of that kind, the FCA would not usually classify the contracts embodying these transactions as contracts of insurance.(1) The dealer gives a verbal undertaking to the purchaser
When self-assessment for income tax was first introduced, a number of providers set up schemes connected with their tax accounting and tax advisory services. In consideration of an annual fee, the provider undertakes to deal with any enquiries or investigations that HM Revenue and Customs might launch into the self-assessment that the provider completes for the recipient. The event covered by these schemes (an investigation) is both uncertain and adverse to the interests of the
Some providers argued that these schemes amount to nothing more than a 'manufacturer's warranty' of their own work, within the scope of PERG 6.7.7 G (Example 3: manufacturers' and retailers' warranties). However, HM Revenue and Customs is expected to make a significant number of random checks of self-assessment forms, irrespective of the quality of the work done by the provider. These random checks are also covered by the schemes. The FCA concluded, therefore, that these schemes
A contract under which a provider undertakes, in consideration of an initial payment, to stand ready to provide, or to procure the provision of, legal services on the occurrence of an uncertain event (for example, if the recipient is sued), is capable of being construed as a contract of insurance (see PERG 6.3.4 G). Indeed, legal expenses insurance is commonplace.
A contract under which a provider agrees to meet a specified obligation on behalf of the recipient (for example an obligation to pay for the re-purchase of shares or to meet a debt) immediately that obligation falls due, subject to later reimbursement by the recipient, would be a contract of insurance if in all other respects it fell within the description of such contract (see PERG 6.3.4 G). This is principally because the provider assumes the risk that an immediate payment will
Article 25 of the Regulated Activities Order (Arranging deals in investments) describes two types of regulated activities concerned with arranging deals in respect of contracts of insurance. These are:(1) arranging (bringing about) deals in investments (article 25(1) (Arranging deals in investments)); and(2) making arrangements with a view to transactions in investments (article 25(2) (Arranging deals in investments)).
The activity in article 25(1) is carried on only if the arrangements bring about, or would bring about, the transaction to which the arrangement relates. This is because of the exclusion in article 26 of the Regulated Activities Order (Arrangements not causing a deal). Article 26 excludes from article 25(1) arrangements which do not bring about or would not bring about the transaction to which the arrangements relate. In the FCA's view, a person would bring about a contract of
Article 28 of the Regulated Activities Order (Arranging transactions to which the arranger is a party) excludes from the regulated activities in article 25(1) and 25(2) arrangements made for or with a view to contracts of insurance when:(1) the person (P) making the arrangements is the only policyholder; or(2) P, as a result of the transaction, would become the only policyholder.
Insurance undertakings do not fall within the terms of this exclusion and so will be arrangingcontracts of insurance, in addition to effecting and carrying out contracts of insurance.
In some cases, a person may make arrangements to enter into a contract of insurance as policyholder on its own behalf and also arrange that another person become a policyholder under the same contract of insurance. If so, the person should be aware that the effect of the narrower exclusion in article 28 as part of implementation of the IDD1 is that they1 may be arranging on behalf of the other policyholder. This may be relevant, for example, to a company which arranges insurance
The restriction in the scope of article 28 raises an issue where there is a trust with co-trustees, where each trustee will be a policyholder with equal rights and obligations. If the activities of one of the trustees include arranging in respect of contracts of insurance, that trustee could be viewed as arranging on behalf of his co-trustees who will also be policyholders. Similar issues also arise in respect of trustees assisting in the administration and performance of a contract
Article 33 of the Regulated Activities Order (Introducing) excludes arrangements which would otherwise fall under article 25(2) where:(1) they are arrangements under which persons will be introduced to another person;(2) the person to whom introductions are to be made is:(a) an authorised person; or(b) an exempt person acting in the course of business comprising a regulated activity in relation to which they are1 exempt; or(c) a person who is not unlawfully carrying on regulated
The effect of PERG 5.6.17G (4) is that some persons who, in making introductions, are making arrangements with a view to transactions in investments under article 25(2) of the Regulated Activities Order, cannot use the introducing exclusion. This is usually the case if1 the arrangements for making introductions relate to contracts of insurance (PERG 5.6.19 G has further guidance on when arrangements for introductions may be regarded as relating to contracts of insurance). However,
Where a person is making arrangements with a view to transactions in investments by way of making introductions, and he is not completely indifferent to whether or not transactions may result, it may still be the case that the exclusion in article 33 will apply. In the FCA's view, this is where:(1) the introduction is for independent advice on investments generally; and(2) the introducer is indifferent as to whether or not a contract of insurance may ultimately be bought (or
Application of article 33 to arrangements for making introductions. This table belongs to PERG 5.6.20 G.Type of introductionApplicability of exclusion1Introductions are purely for the purpose of the provision of independent advice – Introducer is completely indifferent to whether or not transactions take place after advice has been given.Exclusion not relevant as introducer is not arranging under article 25(2).2Introduction is one-off or otherwise not part of pre-existing ongoing
An unauthorised person who makes arrangements with a view to a person who participates in the arrangements buying or sellingcontracts of insurance may be excluded from article 25(2) by article 32 of the Regulated Activities Order (Provision of finance). This is provided the sole purpose of the arrangements is the provision of finance to enable the person to buy the contract of insurance. Premium finance companies may be able to rely on this exclusion provided the arrangements
(1) A firm must ensure that a customer is given appropriate information about a policy in good time and in a comprehensible form so that the customer can make an informed decision about the arrangements proposed.6(2) The information must be provided to the customer: 6(a) whether or not a personal recommendation is given; and6(b) irrespective of whether a policy is offered as part of a package with:6(i) a non-insurance product or service (seeICOBS 6A.3 (Cross-selling)); or6(ii)
The appropriate information rule applies: 6(1) at all of the different stages of a contract and includes pre-conclusion and post-conclusion, and also when mid-term changes and renewals are proposed;6(2) in the same way to any policy, regardless of whether that policy is sold on its own, in connection with another policy, or in connection with other goods or services; and6(3) to the price of the policy.6
The level of information required will vary according to matters such as:(1) the knowledge, experience and ability of a typical customer for the policy;(2) the policy terms, including its main benefits, exclusions, limitations, conditions and its duration;(3) the policy's overall complexity;(4) whether the policy is bought in connection with other goods and services including another policy (also see ICOBS 6A.3 (cross selling))6;(5) distance communication information requirements
To comply with the customer's best interest rule and Principle 7 (communication with clients) a firm should:6(1) include consideration of the information needs of the customers including:6(a) what they need to understand the relevance of any information provided by the firm; and6(b) at which point in the sales process will the information be most useful to the customer to enable them to make an informed decision;6(2) provide evidence of cover promptly after inception of a policy,6taking
(1) If a policy is bought by a consumer in connection with other goods or services a firm must, before conclusion of the contract, disclose its premium separately from any other prices and whether buying the policy is compulsory.(2) In the case of a distance contract, disclosure of whether buying the policy is compulsory may be made in accordance with the timing requirements under the distance communication rules (see ICOBS 3.1.8 R, ICOBS 3.1.14 R and ICOBS 3.1.15 R).(3) 2This
In addition to the requirements in ICOBS 6.1 (Product information) firms are reminded that:6(1) when offering a policy as part of a packaged bank account the firm may be subject to the requirements of regulation 13 (payment accounts packages with another product or service) of the Payment Accounts Regulations;6(2) ICOBS 6A.3 (Cross-selling) contains rules in relation to packages which include both insurance and non-insurance products or services.65
This section of this appendix is primarily concerned with circumstances where the term of the mortgage and associated endowment policy extend beyond the individual complainant's normal retirement age in circumstances where the firm regards a complaint as justified because the arrangement is not affordable in retirement; and this could have, and should have, been foreseen at the time of the advice.1212
If on enquiry it is found that no proper assessment of the complainant's post-retirement means had been undertaken at the time of sale, but if the likelihood had been that the complainant would have borrowed the same amount over a shorter term (up to retirement) using an endowment policy as a repayment vehicle, then an appropriate form of redress would be for the policy to be reconstructed with a shorter term.
12Redress should in most cases be provided by meeting the cost of rearranging the policy, by way of a lump sum payment into the policy in respect of the higher rate of premium due from its inception. It may be appropriate in individual cases to take account of the lower premiums that the complainant will have paid to date. The guidance in DISP App 1.2, as to the circumstances in which this will be appropriate, will be relevant here.
12If the policy extends beyond retirement age and the complainant is already retired, the policy should be reconstructed to a maturity date as at the accepted retirement date, with the policy proceeds becoming immediately payable. The costs are to be borne by the firm, subject to any lower outgoings adjustment.
12The reconstruction process deals with the situation to the date the policy is reconstructed. The complainant will generally be responsible for paying the increased premiums for the remaining term.
12At the time the complainant is advised of the revised premium, he should as a matter of good practice be provided with a reprojection based on the prevailing projection rates, which will allow him to address any projected shortfall.
12If it is not possible for a firm to reconstruct a policy, then it should offer the investor equivalent redress, for example, by paying a cash lump sum equivalent to the amount that would have been credited to a reconstructed policy.
12If a complaint is regarded as justified by the firm on the basis that the endowment policy maturity date extends beyond the mortgage term expiry date and the firm is responsible for this situation, the policy should be reconstructed so that it matures at the expiry of the mortgage term.
12Example 8Example 8Term extends beyond retirement age and policy reconstructionBackground45 year old male non-smoker, having taken out a £50,000 loan in 1998 for a term of 25 years. Unsuitable sale identified on the grounds of affordability and complaint raised on 12th policy anniversary.It has always been the intention of the complainant to retire at State retirement age 65.Term from date of sale to retirement is 20 years and the maturity date of the mortgage is 5 years after
12Example 9Example 9Term extends beyond retirement age: example of failure to explain investment risksBackground45 year old male non-smoker, having taken out a £50,000 loan in 1998 for a term of 25 years. Unsuitable sale identified on the grounds of affordability and complaint raised on 12th anniversary.It has always been the intention of the complainant to retire at state retirement age 65.Term from date of sale to retirement is 20 years and the maturity date of the mortgage
A person who is concerned to know whether his proposed activities may require authorisation will wish to consider whether those activities relate to contracts of insurance or contracts of reinsurance, or to insurance business or reinsurance business, which is the business of effecting or carrying out contracts of insurance or reinsurance as principal.
The Regulated Activities Order does not attempt an exhaustive definition of a 'contract of insurance'. Instead, article 3(1) of the order (Interpretation) makes some specific extensions and limitations to the general common law meaning of the concept. For example, article 3(1) expressly extends the concept to fidelity bonds and similar contracts of guarantee, which are not contracts of insurance at common law, and it excludes certain funeral plan contracts, which would generally
One consequence of this is that common law judicial decisions about whether particular contracts amount to 'insurance' or their being effected or carried out amounts to 'insurance business' are relevant in defining the regulatory scope of the Act.
As with any other contract, a contract of insurance that is not effected by way of a deed will only be legally binding if, amongst other things, it is entered into for valuable consideration. Determining what amounts to sufficient consideration in any given case is a matter for the courts. In practice, however, the legal definition of consideration is very wide. In particular, just because a contract of insurance is 'free' in the colloquial sense does not mean that there is no
The Regulated Activities Order does not define a reinsurance contract. The essential elements of the common law description of a contract of insurance are also the essential elements of a reinsurance contract. Whilst the IDD3 addresses insurance and reinsurance separately, throughout this guidance the term 'contract of insurance' (italicised or otherwise) also applies to contracts of reinsurance.
Guidance describing how the FCA identifies contracts of insurance is in PERG 6 (Guidance on the Identification of Contracts of Insurance).
Article 72B of the Regulated Activities Order (Activities carried on by a provider of relevant goods or services) excludes from FCA regulation certain regulated activities carried on by providers of non-motor goods or services3 and services related to travel in relation to contracts of insurance that satisfy a number of conditions. Details about the scope of this exclusion can be found at PERG 5.11.13 G to PERG 5.11.14G (Activities carried on by a provider of relevant goods or
For an activity to be a regulated activity, it must be carried on in relation to 'specified investments' (see section 22 of the Act Regulated activities) and Part III of the Regulated Activities Order (Specified investments)). For the purposes of insurance distribution activity3, specified investments include the following 'relevant investments' defined in article 3(1) of the Regulated Activities Order (Interpretation):(1) rights under any contract of insurance (see article 75
A person will have rights under a contract of insurance when that person3 is a policyholder. The question of whether a person has rights under a contract of insurance may require careful consideration in the case of group policies (with reference to the Glossary definition of policyholder). In the case, in particular, of general insurance contracts and pure protection contracts, the existence or otherwise of rights under such policies may be relevant to whether a person is carrying
(1) If a firm provides information orally during a sales dialogue with a customer on a main characteristic of a policy, it must do so for all the policy's main characteristics.(2) A firm must take reasonable steps to ensure that the information provided orally is sufficient to enable the customer to take an informed decision on the basis of that information, without overloading the customer or obscuring other parts of the information.
(1) A policy's main characteristics include its significant benefits, its significant exclusions and limitations, its duration and price information.(2) A significant exclusion or limitation is one that would tend to affect the decision of customers generally to buy. In determining what exclusions or limitations are significant, a firm should particularly consider the exclusions or limitations that relate to the significant features and benefits of a policy and factors which may
A firm must provide a consumer with a policy summary in good time before the conclusion of a pure protection contract2.
Price information is likely also to include at least the total premium (or the basis for calculating it so that the customer can verify it) and, where relevant:(1) for policies of over one year with reviewable premiums, the period for which the quoted premium is valid, and the timing of reviews;(2) other fees, administrative charges and taxes payable by the customer through the firm; and(3) a statement identifying separately the possibility of any taxes not payable through the
(1) This rule applies when a premium will be paid using a credit agreement other than a revolving credit agreement. (2) A firm must provide price information in a way calculated to enable the customer to understand the additional repayments that relate to the purchase of the policy, and the total cost of the policy.(3) Price information must reflect any difference between the duration of the policy and that of the credit agreement.(4) A firm must explain to a customer, as applicable,
(1) This guidance applies to policies bought as secondary products to revolving credit agreements (such as store cards or credit cards).(2) Price information should be given in a way calculated to enable a typical customer to understand the typical cumulative cost of taking out the policy. This does not require oral disclosure where there is a sales dialogue with a customer. However, consistent with Principle 7, a firm should ensure that this element of price information is not
(1) Throughout the term of a policy, a firm must provide a customer with information about any change to:(a) the premium, unless the change conforms to a previously disclosed formula; and(b) any term of the policy, together with an explanation of any implications of the change where necessary.(2) This information must be provided in writing or another durable medium in good time before the change takes effect or, if the change is at the customer's request, as soon as is practicable
(1) When explaining the implications of a change, a firm should explain any changes to the benefits and significant or unusual exclusions arising from the change.(2) Firms will need to consider whether mid-term changes are compatible with the original policy, in particular whether it reserves the right to vary premiums, charges or other terms. Firms also need to ensure that any terms which reserve the right to make variations are not themselves unfair under the Unfair Terms Regulations
34The principles set out above (in DISP App 1.6.1 G to DISP App 1.6.7 G) should be applied directly to mortgage endowment complaints where the capital loss is calculated by comparing the surrender value of the endowment policy with the capital which would have been repaid using a repayment mortgage.
34In most cases where there is a loss, the endowment policy will be surrendered and put towards the cost of setting up a suitable repayment mortgage. Where this is the case, that part of the surrender value relating to the windfall augmentation should be paid as a cash lump sum to the investor or to the investor's order as part of the redress package. Only that part of the surrender value which does not relate to the windfall augmentation should be put towards the cost of setting
34There may be some circumstances in which the policy will not be surrendered (see DISP App 1.2.15 G). In these cases, there is no requirement to pay the value of the windfall augmentation as a cash lump sum since the value of the augmentation will become payable when the policy matures. However, any fund value used in the calculation of redress payable should exclude the value of the windfall augmentation.
34Firms are entitled to mitigate losses by making use of the Traded Endowment Policy (TEP) market (see DISP App 1.3.8 G to DISP App 1.3.10 G). This allows firms to sell policies on the TEP market to meet the costs of redress, rather than using the surrender value. Where this method is adopted, firms should pay to the investor, as part of the redress package, a cash lump sum representing that proportion of the policy realised which would have related to the windfall augmentati
34As this windfall amount should be excluded from the fund value used in the calculation of loss and redress it would also be appropriate for this extra payment to be ignored when assessing whether, "the net amount realised by the sale of the policy on the traded endowment market exceeds the total redress due to the complainant..." (DISP App 1.3.10 G).
34There may be circumstances in which a policy needs to be reconstructed (see DISP App 1.4). In carrying out the required reconstruction, the windfall augmentation should be ignored in both the existing and the revised policy. However, the policyholder's revised policy should be credited with any windfall augmentation which would have applied if the policy had been set up with the revised terms from the original date of advice. This enhancement can be taken into account in assessing
34Product providers with windfall benefits in the form of policy augmentations should tell:(1) their own relevant customers (mortgage endowment complainants); and(2) 1other firms1 with such customers (and any other interested parties);that they have excluded windfall augmentation benefits from values used or to be used for loss and redress.1Firms1 should provide this information to the Financial Services Compensation Scheme when providing them with a value to be used for loss
Contracts under which the provider has an absolute discretion as to whether any benefit is provided on the occurrence of the uncertain event, are not contracts of insurance. This may be the case even if, in practice, the provider has never exercised its discretion so as to deny a benefit: Medical Defence Union v. Department of Trade and Industry [1979] 2 W.L.R. 686. The degree of discretion required and the matters to which it must relate are illustrated in PERG 6.7.1 G (Example
The 'assumption of risk' by the provider is an important descriptive feature of all contracts of insurance. The 'assumption of risk' has the meaning in (1) and (3), derived from the case law in (2) and (4) below. The application of the 'assumption of risk' concept is illustrated in PERG 6.7.2 G (Example 2: disaster recovery business).(1) Case law establishes that the provider's obligation under a contract of insurance is an enforceable obligation to respond (usually, by providing
The recipient's payment for a contract of insurance need not take the form of a discrete or distinct premium. Consideration may be part of some other payment, for example the purchase price of goods (Nelson v. Board of Trade (1901) 17 T.L.R. 456). Consideration may also be provided in a non-monetary form, for example as part of the service that an employee is contractually required to provide under a contract of employment (Australian Health Insurance Assoc. Ltd v. Esso Australia
Under most commercial contracts with a customer, a provider will assume more than one obligation. Some of these may be insurance obligations, others may not. The FCA will apply the principles in PERG 6.5.4 G, in the way described in (1) to (3) to determine whether the contract is a contract of insurance.(1) If a provider undertakes an identifiable and distinct obligation that is, in substance an insurance obligation as described in PERG 6.5.4 G, then, other things being equal,
The following factors are also relevant.(1) A contract is more likely to be regarded as a contract of insurance if the amount payable by the recipient under the contract is calculated by reference to either or both of the probability of occurrence or likely severity of the uncertain event.(2) A contract is less likely to be regarded as a contract of insurance if it requires the provider to assume a speculative risk (ie a risk carrying the possibility of either profit or loss)
This part of the guidance deals with:(1) exclusions which are disapplied where the regulated activity relates to contracts of insurance;(2) exclusions which are disapplied where a person carries on insurance distribution5; and(3) the following exclusions applying to more than one regulated activity:(a) activities carried on in the course of a profession or non-investment business (article 67 (Activities carried on in the course of a profession or non-investment business));(b)
The5 following exclusions do not apply if they concern transactions relating to contracts of insurance:(1) dealing in investments as agent with or through authorised persons (article 22 of the Regulated Activities Order (Deals with or through authorised persons));(2) arranging transactions to which the arranger is to be a party, where the arranger enters into or is to enter into the transaction:(a) as agent for another person; or(b) as principal, unless the arranger is the only
The restrictions placed on the exclusions listed in PERG 5.11.3 G5 have the following effects:5(1) Unauthorised persons who:(a) introduce clients or customers to an independent financial adviser with a view to a transaction; or(b) deal as agent on behalf of their clients or customers with or though an authorised person; or(c) arrange for their clients or customers to enter into a transaction with or though an authorised person;will not be able to rely on articles 29 or 33 to avoid
(1) The5 exclusion for groups and joint enterprises in article 69 of the Regulated Activities Order (Groups and joint enterprises) does not apply to transactions relating to contracts of insurance. This will affect5 a company providing services for:(a) other members of its group; or(b) other participants in a joint enterprise of which it is a participant.(2) Such companies might typically provide risk or treasury management or administration services which may include regulated
Chapter XVII of the Regulated Activities Order (Exclusions applying to several specified kinds of activity) contains various exclusions applying to several kinds of activity. Five3exclusions of relevance in relation to contracts of insurance are dealt with in this section and a sixth3, overseas persons, in PERG 5.12 (Link between activities and the United Kingdom).43443
Article 67 may also apply to activities relating to assignments of insurance policies, as, in the FCA'sview, article 2.1(1) of the IDD5 applies essentially to the creation of new contracts of insurance and not the assignment of rights under existing policies. As such, where a solicitor or licensed conveyancer arranges an assignment of a contract of insurance, the exclusion in article 67 remains of potential application. For similar reasons, trustees advising on or arranging assignments
Article 72B (see also PERG 5.3.7 G (Connected contracts of insurance)) may be of relevance to persons who supply non-motor goods or services5 or provide services related to travel in the course of carrying on a profession or business which does not otherwise consist of carrying on regulated activities. In the FCA's view, the fact that a person may carry on regulated activities in the course of the carrying on of a profession or business does not, of itself, mean that the profession
3Article 72G (Local authorities) excludes from the activities of dealing in investments as agent, arranging (bringing about) deals in investments, making arrangements with a view to transactions in investments, assisting in the administration and performance of a contract of insurance and advising on investments any activity carried on by a local authority which relates to a contract of insurance which is not a life policy.
If a complaint is upheld and the policy is to be surrendered as part of the settlement, the firm should remind the complainant in writing that the life cover within the endowment will be terminated and that it may therefore be appropriate to take advice about the merits or otherwise of taking out a stand-alone life policy in substitution.2323
If a need for life assurance at inception has been established so that a deduction representing its cost has been made from the redress payable under DISP App 1.2.4 G, the firm should advise the complainant that the firm would be responsible for paying any premium for an appropriate replacement policy which exceeds that used for calculating the deduction or alternatively will, where possible, provide the cover itself at that cost. If it is not possible for the firm to provide
23There can be exceptional circumstances where, in order to retain suitable life cover, the endowment policy has to be retained and any additional costs will be the responsibility of the firm that sold the endowment policy.
23The same considerations will apply to the establishment of the need for other policy benefits including critical illness cover, disability cover and waiver of premium.
23Firms will need to consider the likely taxation implications for complainants if policies are surrendered or reconstructed, or any form of underpinning or guarantee is given.
23The issue of free shares or cash on a demutualisation, and additional bonuses and policy enhancements given by way of incentive to approve a reattribution or distribution of an inherited estate should, unless there is evidence to the contrary, be treated as relevant benefits for the purposes of DISP App 1.5.15 G. Whether additional bonuses and policy enhancements on a demutualisation are relevant benefits should be determined by applying the test in DISP App 1.5.15 G to each
23Firms should not normally bring windfall benefits which are relevant benefits (as defined in DISP App 1.5.14 G) to account when assessing financial loss and redress. Where a windfall benefit is in the form of a policy augmentation the benefit should be deducted from the overall value of the policy when making this assessment.
23A relevant benefit derived from a corporate event may only be brought to account if the firm is able to demonstrate, with written records created at the time of the advice, that:(1) The firm foresaw the prospect of the event and the benefit;(2) The firm's advice included a statement recommending the particular policy because of the possibility of the benefit in question; and(3) The statement was a material factor in the context of the advice and the decision to invest.
(1) 1In line with Principle 6, a firm should take reasonable steps to ensure that a customer only buys a policy under which he is eligible to claim benefits.(2) If, at any time while arranging a policy, a firm finds that parts of the cover apply, but others do not, it should inform the customer so he can take an informed decision on whether to buy the policy.(3) This guidance does not apply to policiesarranged as part of a packaged bank account.2
2A firmarrangingpolicies as part of a packaged bank account must:(1) take reasonable steps to establish whether the customer is eligible to claim each of the benefits under each policy included in the packaged bank account which must include checking that the customer meets any qualifying requirements to claim each of the benefits under each policy; and(2) inform the customer whether or not he would be eligible to claim each of the benefits under each policy included in the packaged
(1) 32Throughout the term of a policy included in a packaged bank account, a firm must provide the customer with an eligibility statement, in writing,3 on an annual basis. This statement must set out any qualifying requirements to claim each of the benefits under the policy and recommend that the customer reviews his circumstances and whether he meets these requirements.(2) 3Where a customer has reached an age limit on claiming benefits under a travel insurance policy included
A firm should bear in mind the restriction on rejecting claims (ICOBS 8.1.1R (3)). Ways of ensuring a customer knows what he must disclose include:4(1) explaining to a commercial customer4 the duty to disclose all circumstances material to a policy, what needs to be disclosed, and the consequences of any failure to make such a disclosure; 4(2) ensuring that the commercial customer4 is asked clear questions about any matter material to the insurance undertaking;444(3) explaining
The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.
The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.
The firm should not consider that a successful claim by the complainant is, in itself, sufficient evidence that the complainant had a need for the policy or had understood its terms or would have bought it regardless of any breach or failing by the firm.
The firm should not draw a negative inference from a complainant not having kept documentation relating to the purchase of the policy for any particular period of time.
In considering the information communicated to the complainant and the complainant's information needs, the evidence to which a firm should have regard includes:(1) the complainant's individual circumstances at the time of the sale (for example, the firm should take into account any evidence of limited financial capability or understanding on the part of the complainant);(2) the complainant's objectives and intentions at the time of the sale;(3) whether, from a reasonable customer's
A person who is concerned to know whether their proposed insurance distribution activities4 may require authorisation will need to consider the following questions:4(1) will the activities relate to contracts of insurance (see PERG 5.3(Contracts of insurance))?(2) if so, will I be carrying on any insurance distribution activity4 (see PERG 5.5 (The regulated activities: dealing in contracts as agent) to PERG 5.11 (Other aspects of exclusions))?(3) if so, will I be carrying on
The IDD4 imposes requirements upon EEA States relating to the regulation of insurance distribution and reinsurance distribution4. The IDD defines "insurance distribution"4 as including the activities of advising on4, proposing or carrying out other work preparatory to the conclusion of contracts of insurance4, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim. It includes the provision
As a result,4 each of the regulated activities below potentially applies4 to any contract of insurance:(1) dealing in investments as agent (article 21 (Dealing in investments as agent));(2) arranging (bringing about) deals in investments (article 25(1) (Arranging deals in investments));(3) making arrangements with a view to transactions in investments (article 25(2) (Arranging deals in investments));(4) assisting in the administration and performance of a contract of insurance
An unauthorised person who intends to carry on activities connected with contracts of insurance will need to comply with section 21 of the Act (Restrictions on financial promotion). This guidance does not cover financial promotions that relate to contracts of insurance. Persons should refer to the general guidance on financial promotion in PERG 8 (Financial promotion and related activities). (See in particular PERG 8.17A (Financial promotions concerning insurance distribution4
In the actuarial valuation under PRA Rulebook: Non Solvency II firms: Insurance Company – Mathematical Reserves, 2.17, a firm must use methods and prudent assumptions which:(1) are appropriate to the business of the firm;(2) are consistent from year to year without arbitrary changes (see INSPRU 1.2.11 G);(3) are consistent with the method of valuing assets (see PRA Rulebook: Non-Solvency II firms: Insurance Company – Overall Resources and Valuation, 3)7;(4) include appropriate
For the purpose of 3INSPRU 1.2.28R (1)(c)3, benefits payable include:(1) all guaranteed benefits including guaranteed surrender values and paid-up values;(2) vested, declared and allotted bonuses to which the policyholder is entitled;(3) all options available to the policyholder under the terms of the contract; and(4) discretionary benefits payable in accordance with the firm's regulatory duty to treat its customers fairly.
When a firm establishes its mathematical reserves in respect of a long-term insurance contract, the firm must include an amount to cover any increase in liabilities which might be the direct result of its policyholder exercising an option under, or by virtue of, that contract of insurance. Where the surrender value of a contract is guaranteed, the amount of the mathematical reserves for that contract at any time must be at least as great as the value guaranteed at that time.
The value of a contract with an option is greater than the value of a similar contract without the option, that is, the option has value whether it is expected to be exercised or not. Although in theory a firm can rebalance its investments to match the expected cost of the option to the firm (including the time value of the option), this takes time to achieve and the market may move more quickly than the firm is able to respond. Also, there are likely to be transaction costs.
(1) Where a policyholder may opt to be paid a cash amount, or a series of cash payments, the mathematical reserves for the contract of insurance7 must be sufficient to ensure that the payment or payments could be made solely from:(a) the assets covering those mathematical reserves; and(b) the resources arising from those assets and from the contract itself.(2) In (1) references to a cash amount or a series of cash payments include the amount or amounts likely to be paid on a voluntary
INSPRU 1.2.71R (1) applies only to accumulating with-profits policies; INSPRU 1.2.71R (2) applies to any other type of policy, including non-profit insurance contracts. In INSPRU 1.2.71R (1)(a) a firm must take into consideration, for example, a market value adjustment where such an adjustment has been described in representations made to policyholders by the firm. However, any discretionary adjustment, such as a market value adjustment, must not be included in the amount calculated
Future surplus7 may only be offset against future reinsurance cash outflow in respect of surplus on non-profit insurance contracts and the charges or shareholder transfers arising as surplus from with-profits insurance contracts. Such charges and transfers may only be allowed for to the extent consistent with the regulatory duty of the firm to treat its customers fairly.
Persons who enter as principal into transactions involving rights under a contract of insurance of any kind will need to consider whether they may, as a result, be carrying on the regulated activity of:(1) arranging (bringing about) deals in investments; or(2) making arrangements with a view to transactions in investments; or(3) agreeing to do (1) or (2).
The regulated activity of dealing in investments as agent applies to specified transactions relating to any security or to any relevant investment (apart from rights under funeral plan contracts or rights to or interests in such rights). In addition, the activity is cut back by exclusions as follows.(1) An exclusion applies to certain transactions entered into by an agent who is not an authorised person which depend on him dealing with (or through) an authorised person. It does
3The exclusions in the Regulated Activities Order that relate to the various arranging activities are as follows.(-1) 8Under Article 24A(2), an activity that would otherwise be both arranging and bidding in emissions auctions is specifically excluded from arranging because the activity of bidding in emissions auctions does not form part of any other regulated activity (see PERG 2.7.6D G).(1) Under article 26, arrangements that do not or would not bring about the transaction to
The following exclusions from assisting in the administration and performance of a contract of insurance also apply to a person in specified circumstances:(1) while acting as trustee or personal representative (see PERG 2.9.3 G); or(2) in connection with the carrying on of a profession or of a business not otherwise consisting of regulated activities (see PERG 2.9.5 G); or(3) as an incoming ECA provider (see PERG 2.9.18 G); or(4) as a provider of non-motor goods or services related
The exclusions from the regulated activity of safeguarding and administering investments are as follows.(1) Safeguarding and administration activities carried on by one person are excluded if a specified third party undertakes a responsibility for the assets which is no less onerous than it would have been if he were doing the safeguarding and administration himself. The effect of this is that an authorised person with permission to carry on this regulated activity (or in certain
3Advice given by an unauthorised person in relation to a home finance transaction or advising on regulated credit agreements for the acquisition of land12 in the circumstances referred to in PERG 2.8.6AG (5)(a) or (b) (Arranging deals in investments and arranging a home finance transaction) is also excluded. In addition:(1) the following exclusions apply in specified circumstances where a person is advising on investments, advising on regulated credit agreements for the acquisition
Entering as provider into afuneral plan contract is not treated as a regulated activity where:(1) the contract is one under which the sums received from the customer will be applied towards a contract of insurance on the life of the person whose funeral is to be provided or be held on trust for the purpose of providing a funeral; in each case certain specified conditions must be met for the exclusion to apply; or(2) the customer and the provider intend or expect that the funeral
The starting point for the identification of a contract of insurance is the case of Prudential v. Commissioners of Inland Revenue [1904] 2 KB 658, from which the description set out in PERG 6.3.4 G is drawn. Any contracts that fall outside that description are unlikely to be contracts of insurance.
In particular, if the common law is unclear as to whether or not a particular contract is a contract of insurance, the FCA will interpret and apply the common law in the context of and in a way that is consistent with the purpose of the Act as expressed in the FCA's statutory objectives.
The FCA will apply the following principles of construction to determine whether a contract is a contract of insurance.(1) In applying the description in PERG 6.3.4 G, more weight attaches to the substance of the contract, than to the form of the contract. The form of the contract is relevant (see PERG 6.6.8 G (3) and (4)) but not decisive of whether a contract is a contract of insurance: Fuji Finance Inc. v. Aetna Life Insurance Co. Ltd [1997] Ch. 173 (C.A.).(2) In particular,
1A consumer has a right to cancel, without penalty and without giving any reason, within:(1) 30 days for a contract of insurance which is, or has elements of, a pure protection contract or payment protection contract; or(2) 14 days for any other contract of insurance or distance contract.[Note: article 6(1) of the Distance Marketing Directive in relation to a distance contract and article 186 of the Solvency II Directive2 in relation to a pure protection contract] 2
The right to cancel does not apply to:(1) a travel and baggage policy or similar short-term policy of less than one month's duration; (2) a policy the performance of which has been fully completed by both parties at the consumer's express request before the consumer exercises his right to cancel;(3) a pure protection contract of six months' duration or less which is not a distance contract;(4) a pure protection contract effected by the trustees of an occupational pension scheme,
A 'similar short-term policy' is any policy where the event or activity being insured is less than one month's duration. 'Duration' refers to the period of cover rather than the period of the contract.


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Does anybody know how the operation of Ov was done?
And what about other types of Necromancy, specifically in modern magick (contrary to Ov)? I've read in Thelemapedia about Eliphas Levi's evocation of the spirit of Apollonius of Tyana, and I was wondering whether there are any more operations like that one.
Thank you.


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SOMERSWORTH — Seacoast Redicare is pleased to announce the appointment of Jay P. Burns, MD as Medical Director.
Dr. Burns has practiced in the emergency department of Frisbie Memorial Hospital for many years, is board-certified in Family Medicine and has a strong background in occupational health and urgent care. He is a member of the American College of Occupational and Environmental Medicine, the American College of Emergency Physicians, the American Academy of Family Practice, and the American Medical Association. Burns is also certified by the Medical Review Officer Certification Council (MROCC).
A Dartmouth College and University of Vermont College of Medicine graduate, he resides in Hampstead with his wife Janet.
Seacoast RediCare provides occupational health and walk-in medical services. Seacoast RediCare is located in Somersworth, and services the greater Seacoast area, including Portsmouth, Dover, and Rochester. For more information contact us at 692-6066.