Transferring a Book of Business and Transparency
This summary does not constitute a legal opinion. The information it contains may not reflect the current state of the law.
An insured arrives at the syndic’s office to report that an insurance broker, whom she does not know, whom with she has never done business, has recently authorized a new insurer to automatically debit her personal chequing account for a new automobile insurance policy. The insured does not understand how such a thing could occur and makes a complaint to the syndic of the ChAD.
In 2005, Broker A decides to concentrate his private practice in the field of life and health insurance. He does not renew his damage insurance broker’s certificate and transfers his few damage insurance clients to Broker B, who thus inherits a whole new set of clients.
Broker A sends a form letter to all his insureds: “…in the wake of a strategic agreement reached between Broker B and Broker A, I have the pleasure of announcing to you that henceforth Broker B will be servicing your insurance contract…”.
It should be noted that the investigation reveals that Broker B never contacted his new insureds. Thus, the complainant—who has, for several years, held an in-force automobile insurance contract with ABC Insurer that was paid for by direct debit—receives no notification, either by telephone or letter, from her new broker.
When the automobile insurance contract in question comes up for renewal, Broker B, who does not distribute ABC’s Insurance’s products, places the risk with