Asia Pacific Insurance Update – 31 August 2022

This is our regular update of new insurance regulatory developments relevant to the Asia Pacific* and India, new insurance-related case law in Hong Kong, Australia and England and interesting insurance articles from across the world.

Insurance regulatory updates

Hong Kong

Latest edition of Conduct In Focus published by the Insurance Authority

Remote Invigilation Mode Examination (“RIME”) for the Insurance Intermediaries Qualifying Examination (“IIQE”) and Insurance Qualification specified by the Insurance Authority (“IA”) under GL23

Singapore

Reply to Parliamentary Questions on implication of $7.4 billion loss reported by Monetary Authority of Singapore

India

Exposure draft – Insurance Regulatory and Development Authority of India (Payment of Commission or Remuneration or Reward to Insurance Agents and Insurance Intermediaries) Regulations, 2022

IRDAI issues Exposure Draft on Regulatory Sandbox Regulations Amendment 2022

UK

FCA confirms new rules to improve oversight of Appointed Representatives


China

CBIRC Releases the Rules on Insurance Asset Management Companies

CBIRC Solicits Public Opinions on the Rules on Information Disclosure of Life Insurance Products (for Consultation)

Supervisory Statistics of the Banking and Insurance Sectors – 2022 Q2

Australia

ASIC clarifies the treatment of incidental retail cover as part of business insurance contracts

APRA finalises amendments to general insurance reporting framework

APRA releases final reporting standards on updated capital framework for banks

ASIC secures over $102 million in remediation for Freedom Insurance customers, with more to come

Looking ahead: ASIC’s priorities


Insurance cases

Allianz Australia Insurance Limited v Delor Vue Apartments CTS 39788 [2022] HCATrans 126 (10 August 2022)

High Court transcript of case heard on the issues of:

– whether the doctrine of election can prevent an insurer from changing positions in relation to the application of section 28(3) of the Insurance Contracts Act to a claim, as distinct from the orthodox view that the doctrine of election applies to a choice between mutually inconsistent rights.

– whether section 28(3) of the Act gives rise to a choice between mutually inconsistent rights, the choice of one resulting in the extinction of the other. The primary judge and all members of the Full Court held that section 28(3) does not give rise to a choice between a mutually inconsistent right.


Insurance articles and news  

IRDAI proposes 20% cap on insurance agents’ commissions

Revealed – what’s challenging the global commercial insurance sector?

Underwriting performance strong among global reinsurers – report

Hong Kong: WTW appoints new leader

Hong Kong: Insurance market sees significant entry and exit activity

$234 billion at risk from poor claims experiences – report

Bupa names two more to lead Hong Kong team

*Hong Kong, Singapore, China, Malaysia, Vietnam, Thailand and Australia.