Dec. 3, 200201:00 AM

Be on guard over sudden premium hikes

JAMES DAW

Pickering couple was told that the cost to insure two cars would more than double to $6,300 in January. 

But the husband, a former auto insurance broker, knew something was not right. 

There was no way they should be forced to switch to a costly specialist in sub-standard risks after his wife's first accident in 23 years and one traffic ticket related to the accident. 

So he complained to both their broker and their insurer — a step that more drivers may have to take these days. 

Consumers should be on guard because brokers are coming under pressure to get rid of unprofitable clients. In some cases, clients may still qualify for renewal under rules that their insurer has filed with provincial regulators. Yet their broker may only offer them a switch to a more expensive company. 

There are steps a consumer can take to avoid being cancelled against the rules, and to avoid insurers that have unduly harsh rules for treating unlucky clients. 

First, though, why is now a time to ask more questions? The answer is that insurers have seen their profits plummet and they are putting subtle pressure on brokers to help them get out of a financial mess. 

The cost of settling claims has risen more than expected, while investment returns have fallen. 

Ontario auto insurers have raised their premium rates an average of 12 per cent in the past year, the Pickering couple's insurer by 32 per cent. But it appears that hasn't been enough. 

Some insurers are cancelling contracts with brokers who have an unprofitable block of clients. Others are holding the threat of cancellation over the heads of brokers to get them to slough off their unprofitable clients. 

This is unfair to the brokers, but while there are laws to protect consumers in their relationship with insurance companies, brokers' relations with insurance companies are a matter of contract law. So the brokers may ask clients to go elsewhere, even to another broker with the same insurer. Or they may send out an offer to renew with another insurer at a much higher rate without explaining why. 

Those consumers who do not protest may be unjustifiably affected. 

Ann BythellOntario's insurance ombudsman, says consumers presented with a large price increase should ask what it would cost to stay with the same insurer and why their broker is not offering that option. 

They also should ask the broker to supply a copy of the underwriting rules that the insurer filed with the Financial Services Commission of Ontario. Each company will have a lengthy list of rules that may differ from those of other insurers. So it's also a good idea to investigate these rules before you switch insurers. Your broker or agent should supply this information. 

You should ask what criteria the company has that will result in an increase in premiums, a reduction in coverage, a loss of coverage on short notice or the denial of a renewal. Investigate how these rules vary among the companies you are considering. 

The Pickering couple's insurer has a list of 34 reasons it can give for refusing to renew someone. A few examples include: 

Failure to disclose any required fact when applying for a new policy, or any misrepresentation of facts in the past three years. 

Failure to pay outstanding premiums, or three or more cancellations for non-payment of premiums in the past three years. 

Insuring a vehicle only for comprehensive coverage or specified perils for 12 months. 

One conviction for insurance fraud in 10 years, one criminal code offence in three years, one licence suspension for a criminal offence in six years. 

Four minor convictions in three years, or two or more at-fault accidents in six years, or one at-fault accident in six years plus three minor convictions in three years. 

The couple in Pickering could have been cancelled legitimately for having another two minor convictions. Since they did not, they were offered a renewal after the husband protested.

Bythell points out that a consumer who is being denied a renewal for a breach of the underwriting rules should receive written notice from the insurer. "A broker cannot terminate an insurance policy," she said. 

"Insurers must follow their own underwriting rules," Bythell added. "They don't have discretion. This is to make sure the market is stable, and the insurers do not discriminate from one person to another." 

If it's only the broker trying to get you to move insurers, call the insurer and ask for the names of other brokers in your area. 

Randy Carroll, director of operations at the Independent Brokers Association of Ontario, says he would be disappointed if an insurer refused to supply the names of other brokers. 

Consumers who cannot work things out with the insurer, or the insurer's internal ombudsman, should write the Insurance Ombudsman, Financial Services Commission of Ontario, Box 855160 Yonge St., NorthYorkOnt.M2N 6L9. Fax: 416-590-8480. 


James Daw, CFP, appears Tuesday, Thursday and Saturday. He can be reached at Business, Yonge St.TorontoM5E 1E6; at 416-945-8633; 416-865-3630 by fax; or jdaw@thestar.ca by e-mail. 

Additional articles by James Daw