Further developments for pricing
The rules due later in 2021, following the pricing consultation CP20/19, introduce new requirements for firms manufacturing general insurance or protection products. Amongst the proposed new requirements on pricing, are detailed rules for firms to ensure that products are not only intended to provide fair value to the target market, but do so in practice. Manufacturing insurance products is expected to be driven more by features benefiting customers than the firm’s business goals.
The new rules will also introduce enhanced requirements for product review that include a value focus and take place at least annually. As the pandemic has shown, the value of products to customers can change over time so the regulator will expect genuine assessment of any change.
Although some of these rules are not in final form, the FCA has already flagged that the new product governance requirements from its pricing consultation will come into force in September 2021. This seems to suggest that the main thrust of these rules will be little changed following the consultation.
In another key development, the product governance rules will in future apply to all relevant products, even if manufactured prior to IDD implementation in October 2018. The requirements are not intended to be retrospective but products no longer providing value to their target market will need to be changed or removed from sale.
Products suitable for vulnerable customers
Recent FCA guidance on the fair treatment of vulnerable customers issued in February (FG21/1), has also identified practical actions for firms to take in designing, distributing and servicing their products and services. The regulator expects insurers and distributors to ensure their product governance process is sufficiently detailed to alert them to the implications their products and services have for vulnerable customers. It is not enough just to consider the impact on the general target market.
The FCA already expected target market identification to take place at a level of granularity that reflected the nature, risk profile and complexity of the product. Firms now also need to take vulnerable customers into account at all stages, considering the impacts of the product and services on these customers.
The days of tick-box compliance in product design have long since disappeared under the weight of the regulator’s customer-centric expectations and the reinvigorated concepts of target markets, regular reviews and staff training. The FCA now requires firms to analyse and learn from their review processes, to build flexibility into product journeys for different customers and to take positive action where needed to ensure that all types of customers are treated fairly.
These developments, along with the FCA’s warning in its 2020 portfolio letters that it will review the implementation of IDD rules, mean it is more important than ever for firms to ensure that they have robust, reliable and up-to-date processes and checks in place for developing and updating their products specifically for their customer base.
Read other items in Commercial Brief - March 2021
Related item: Insurers and intermediaries: UK legal and regulatory certainties for 2021