The Financial Services Regulatory Authority of Ontario (FSRA) has issued a report detailing systemic non-compliance with the “Take-All-Comers” requirement by the largest 12 auto insurance companies operating in the province. FSRA undertook a multi-phased policy and supervisory approach over several years to identify and address non-compliance across the market.
“Take-All-Comers” means insurers are obligated by law to accept business from all consumers who meet their FSRA-approved underwriting rules.
“The “Take-All-Comers” requirement is a cornerstone of ensuring Ontario consumers have access to auto insurance at the lowest available rate,” said Mark White, FSRA CEO. “It is very hard for consumers, and it’s even hard for a regulator to identify when insurance quotes for qualifying customers are withheld or delayed. Our eventual success in rooting out this non-compliance required perseverance and the use of governance, controls and processes within the insurance companies themselves to self-identify and remediate these consumer harms.”
Two insurers within the Aviva group failed to comply with an undertaking to self-identify and remediate “Take-All-Comers” non-compliance. As a result, enforcement action was initiated and the insurers agreed to pay administrative monetary penalties of $600,000.
FSRA is ensuring future “Take-All-Comers” compliance by proactively supervising insurers to confirm effective implementation of planned remedial actions and to identify other sources of non-compliance. This includes conducting “secret shopper” initiatives and ongoing supervision of auto insurers, which will extend beyond the 12 insurers featured in this review.
Auto insurance is compulsory for Ontario’s more than 10 million drivers, which makes it important that all consumers have fair access to insurance. If consumers find they are not getting a quote in a timely manner, they should report it to the insurance company’s complaint office. If the matter is not resolved, consumers should report it to FSRA.
Learn more about how to file a consumer complaint.
If insurer employees or intermediaries identify “Take-All-Comers” or other unfair sales practices, they should report them in confidence through FSRA’s whistleblower program.
FSRA is mandated to protect the rights of consumers by promoting high standards of business conduct and transparency within the financial services they regulate.
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FSRA continues to work on behalf of all stakeholders, including consumers, to ensure financial safety, fairness, and choice for everyone.
Learn more at www.fsrao.ca.
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