Insurers restricting business and inspections
Flynn asked whether insurers refusing business were solvent, subject to inspection, and meeting their obligations. The Minister said insurers may regulate their intake, was unaware of any refusing all business, and had not appointed inspectors under the 1936 Act; the remaining questions were deferred.
asked the Minister for Industry, Trade, Commerce and Tourism if he is aware that an insurer had refused business or indicated that it was not open for business during any period of 1984; if he is satisfied that this company or companies are solvent; if he has placed inspectors to examine the situation of these insurers; if he is contemplating using the Insurance (No. 2) Act, 1983 to deal with any and all of these companies; and if he is satisfied that all insurers licensed by his Department are in fact fulfilling all their obligations.
Comment on this
It is not unusual during the course of any year for insurance companies to regulate their intake of business so as to maintain a balanced portfolio. This is done in the interests of the efficient and orderly conduct of each company's business affairs and it is compatible with the normal commercial freedom of insurers. Generally speaking, I have no difficulty with decisions taken by particular companies in this respect, so long as they bear in mind their responsibilities to the insurance market generally.
While I am aware that a number of companies chose to regulate their intake of business during 1984, I know of no case where an insurer was refusing all business. Even those affected by industrial action continued to renew cover for their existing policyholders.
The regulation of intake of business by insurers does not give grounds for questioning their solvency. Compliance with the financial obligations imposed by insurance legislation is a continuing requirement on all companies, and the process of ensuring that compliance is an ongoing feature of insurance supervision. With the exception of the company under administration of which the Deputy is aware, the latest accounts of authorised non-life insurers demonstrate that they are complying with the statutory requirements.
I have no plans to use the Insurance (No. 2) Act, 1983, in respect of any other non-life insurer at the present time.
Comment on this
Is the Minister aware that there are insurance companies who are refusing to take any business whatsoever? Would he be in a position to say how many such companies exist in the country at present and if his Department have inspectors in looking at the affairs of one of these companies? Would he verify that?
Comment on this
I am not aware that companies are not taking on any business whatsoever. If the Deputy wishes to give me any particular information in that regard I would be happy to have it examined. The Deputy raised the question of inspectors. I do not quite know what he is talking about. Inspectors are appointed under section 46 of the Insurance Act, 1936. This section has not been invoked by a Minister, so there are no inspectors in the Department.
Comment on this
It is within the power of the Minister to appoint inspectors under the 1936 Act if he feels that a particular insurer is in financial difficulty. Perhaps if he had used that formula instead of the blunt instrument——
Comment on this
——his predecessor used a year ago we might not have the dilemma that we have in the insurance business at present. Will he indicate now by yes or no if he has appointed inspectors under the 1936 Act to look into the affairs of any insurer in this country at present?
Comment on this
I have made it quite clear that this section of the Act has never been invoked by the Minister and I have not invoked it.