market communication · 2020. 11. 10. · page 2 queries relating to the wider part vii process...

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market communication Ins-Sure Services Limited Registered Office 30 St Mary Axe • London • EC3A8EP • UK Registered in England and Wales No. 04124846 To: Broker Contacts Lloyd’s Managing Agents Software Providers Date: 5 November 2020 Reference: 2020/113 Enquiries to: Nick Parker Tel: +44 (0)20 3604 7697 Email: [email protected] RE: LLOYD’S PART VII TRANSFER – DXC’S ROLE IN TRIAGING PREMIUMS AND CLAIMS Lloyd’s is in the process of implementing a Part VII transfer to transfer the Lloyd’s market’s existing European business, which will be affected by the loss of passporting rights, from Lloyd’s members to Lloyd’s Insurance Company S.A (hereinafter referred to as Lloyd’s Brussels). DXC has been requested to revise premium and claims processing in to provide a Part VII Triage Service (‘triage’). This market communication explains when triage applies, DXC’s role in triage, the effect of this process on data received by managing agents, changes to bureau processing for brokers, and the procedure for where there are disputes regarding the status assigned by Xchanging. The new Part VII service will go live on 21 December 2020. DXC market communications referred to herein can be found on the Insurance Portal. If you don’t already have access, please contact the DXC Service Desk on 0870 380 0830 or +44 (0)20 3604 4444 or [email protected] . Please contact Nick Parker on +44 (0)20 3604 7697 or [email protected] should you require any further details relating to DXC’s role in the Part VII process or what needs to be submitted to DXC. Continued…

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  • market communication

    Ins-Sure Services Limited

    Registered Office 30 St Mary Axe • London • EC3A8EP • UK

    Registered in England and Wales

    No. 04124846

    To: Broker Contacts

    Lloyd’s Managing Agents

    Software Providers

    Date: 5 November 2020

    Reference: 2020/113

    Enquiries to: Nick Parker

    Tel: +44 (0)20 3604 7697

    Email: [email protected]

    RE: LLOYD’S PART VII TRANSFER – DXC’S ROLE IN TRIAGING PREMIUMS AND CLAIMS

    Lloyd’s is in the process of implementing a Part VII transfer to transfer the Lloyd’s market’s

    existing European business, which will be affected by the loss of passporting rights, from

    Lloyd’s members to Lloyd’s Insurance Company S.A (hereinafter referred to as Lloyd’s

    Brussels).

    DXC has been requested to revise premium and claims processing in to provide a Part

    VII Triage Service (‘triage’).

    This market communication explains when triage applies, DXC’s role in triage, the effect

    of this process on data received by managing agents, changes to bureau processing for

    brokers, and the procedure for where there are disputes regarding the status assigned

    by Xchanging.

    The new Part VII service will go live on 21 December 2020.

    DXC market communications referred to herein can be found on the Insurance Portal. If

    you don’t already have access, please contact the DXC Service Desk on 0870 380 0830

    or +44 (0)20 3604 4444 or [email protected] .

    Please contact Nick Parker on +44 (0)20 3604 7697 or [email protected] should you

    require any further details relating to DXC’s role in the Part VII process or what needs to

    be submitted to DXC.

    Continued…

    mailto:[email protected]:[email protected]

  • Page 2

    Queries relating to the wider Part VII process should be directed to:

    Stakeholder Management - [email protected]

    Lloyd’s Brussels Operations - [email protected]

    Please note that a separate DXC market communication 2020/110 issued on 28 October

    2020 addresses issues arising from EIOPA Recommendation 9.

    KERRY RAINER

    ACCOUNT GENERAL MANAGER

    INS-SURE HOLDINGS LTD &

    XCHANGING CLAIMS SERVICES LTD

    mailto:[email protected]:[email protected]

  • Contents Overview ....................................................................................................................................................................................................................................... 4

    Definition of business subject to Part VII transfer ................................................................................................................... 4

    Process ....................................................................................................................................................................................................................................... 5

    Identification ....................................................................................................................................................................................................................... 7

    When will manual triage apply? ...................................................................................................................................................................... 7

    How will manual triage be performed? ................................................................................................................................................. 10

    Manual triage process – non-bulked ................................................................................................................................................. 10

    Action required by broker - non-bulked .................................................................................................................................. 12

    Manual triage process – bulked ............................................................................................................................................................... 13

    Action required by broker where the master list status is unknown or mixed or the

    OSND is newly identified - bulked .................................................................................................................................................... 13

    German Reinsurance .............................................................................................................................................................................................. 15

    Xchanging’s systems .............................................................................................................................................................................................. 16

    Deferreds and delinked ............................................................................................................................................................................................. 16

    Disputes .......................................................................................................................................................................................................................................... 17

    Premium corrections .....................................................................................................................................................................................................20

    Claims corrections ..........................................................................................................................................................................................................20

    Loss funds ..................................................................................................................................................................................................................................... 21

    Button stamps ......................................................................................................................................................................................................................... 21

    Account Enquiry ................................................................................................................................................................................................................. 22

  • Throughout this document any reference to the Scheme shall mean the Scheme for the transfer of insurance

    business and related assets and liabilities from certain of the Members of Lloyd’s for any or all of the 1993 to

    2020 (inclusive) years of account represented by the Society of Lloyd’s to Lloyd’s Insurance Company S.A.

    The terms slip and endorsement have been used throughout this document in recognition of the fact that

    legacy business may not be in MRC format.

    The abbreviation OSND refers to the bureau Original Signing Number and Date.

    Overview

    Definition of business subject to Part VII transfer

    A full definition of what business is subject to the Part VII transfer can be found on Lloyd’s

    website at www.Lloyds.com/brexittransfer.

    In summary, the Part VII transfer relates to all years of account from 1993 up to and

    including 2020 written by Lloyd’s syndicates (as opposed to Lloyd’s Brussels) in respect of

    EEA and Monegasque insurance business where the risk or facility incepts on or before 12

    April 2019 and German reinsurance business where the risk or facility incepts or on or

    before 29 October 2020, unless that portion of the risk simultaneously fits the definition of

    regulated business in Australia, Canada, Hong Kong, Singapore, South Africa or

    Switzerland.

    EEA It is important to note that EEA has been used by Lloyd’s for the Part

    VII transfer, not EU. Monaco is also included.

    Excluded

    business

    Any signing which would otherwise have been included within the

    transfer but which is regulated business in respect of Australia,

    Canada, Hong Kong, Singapore, South Africa or Switzerland, will be

    treated as outside the scope of Part VII even if it simultaneously fits

    the definition of EEA and Monegasque insurance business (dual

    coding). Definitions as to what constitutes regulated business in

    these territories can be found in Lloyd’s Crystal.

    http://www.lloyds.com/brexittransfer

  • Lower than

    contract level

    It is important to note that the Part VII triage process is not at

    contract level. For example, on a global contract for a Mongolian

    policyholder, where premium is split out for a French risk location

    and a South African risk location, only the French portion of

    premium might be subject to the Part VII transfer. As below, the

    status is either locked in by managing agents at OSND or claim level

    or, if Xchanging performs manual triage, at signing number level.

    Process

    Managing agents have been supplied with a master list by Lloyd’s which details all the

    OSND relating to the above timeframe, with the lead managing agent being identified

    from the first Lloyd’s Syndicate recorded by Xchanging on that OSND. Managing agents

    have provided the requested policy data associated with these OSNDs to enable the

    Part VII programme to assign a status to each OSND as either transferring, non-

    transferring, mixed or unknown. Definitions of these statuses, and how they should be

    applied to the master list, are contain in the Market Design Document produced by

    Lloyd’s.

    First syndicate

    may not be slip

    or bureau

    leader

    Each OSND has been considered separately by Lloyd’s. Xchanging

    does not guarantee to key lines on OSND in the order that they

    appear in the slip or with regard to who the agreement parties are,

    there is sometimes a need for new OSND for part of the market

    following mid-term market changes, and the decision as to when to

    split markets over different OSND is not always provided for in the

    slip. It is therefore possible that the first syndicate on an OSND may

    not be the slip leader or bureau leader.

    This status will determine whether the OSND is included in the Part VII transfer or not, or

    whether manual triage is required on subsequent additional and return premiums and

    new claims processed on or after 21 December 2020.

  • Whilst no monies will move on existing signings (but see deferred and delinked below),

    where the status on the master list is transferring or non-transferring it will be used by

    Xchanging to generate a trust fund code, as below, to all managing agents on

    subsequent signings to that OSND, and where transferring, to reroute new additional and

    return premiums and payments relating to claims via Lloyd’s Settlement and Trust Fund

    Office (STFO) to Lloyd’s Brussels. This is locked in and cannot be changed by Xchanging

    when those transactions are processed.

    Syndicates are required to provide onboarding initial loads (including live policies and

    open claims) to the Part VII programme to enable Xchanging to tag open Part VII claims

    in Xchanging systems. In the period immediately before the transfer, Xchanging will

    execute an internal “behind the scenes” bulk claim update to add a Part VII status to all

    open claims relating to Part VII transferring policies using the Initial Load open claims

    data provided to Lloyd’s by managing agents. Please note that updated Syndicate

    Claims Messages (SCMs) showing a Part VII status will not be sent to managing agents at

    this stage. The Part VII status will be appended to the transaction record by Xchanging

    using the trust fund code reported in USMs/SCMs at the time of the next transaction

    movement (regardless of type of movement, including where movement is due to

    quarterly exchange rate update). For claims notifications. when the trust fund code is

    changed (at the next transaction movement), the incurred will not be brought down to

    zero and be restated under the new code.

    Please note that non-cash signings relating to Lloyd’s stamps are within the scope of the

    Part VII transfer and will follow the same process as cash, except that syndicates will be

    required to move monies and report direct to Lloyd’s Brussels. You are however

    reminded that as per Xchanging market communication 2019/028 28 March 2019 non-

    cash submissions are out of scope for the service that Xchanging provides in respect of

    risks on which Lloyd’s Brussels stamps are used.

  • Identification

    For transactions processed after the triage service goes live on 21 December 2020,

    managing agents will be able to identify whether the transaction has a transferring or

    non-transferring status by the trust fund code that is recorded within the USM and SCM.

    Full details can be found in Xchanging market communication 2020/040 dated 30 April

    2020 but the following table details the trust fund codes:

    Description Non-Brexit Part VII Value (non-transferring)

    Brexit Part VII Value

    (transferring)

    Premium Trust Fund/Part VII Blank P7

    Lloyd’s Dollar Trust Fund NR N7

    Canadian Non-Regulated CN 7N

    Canadian Regulated CR Not applicable (out of scope)

    Reinsurance Status RI R7

    Surplus Line SL S7

    US Virgin Island VI V7

    Kentucky KY K7

    Illinois LL L7

    Business Incepted prior to

    1/8/1995

    OL O7

    When will manual triage apply?

    The master list will contain all known OSNDs from the 1993 year of account until the

    date(s) of the list(s), and their transferring status based on data provided to the Part VII

    Programme by managing agents.

    Xchanging will triage transactions on OSNDs with a master list status of mixed or

    unknown, and any newly identified OSND created after completion of the master List, to

    determine whether they should be transferring or non-transferring. This will apply

    separately to each subsequent Premium/AP/RP/New Claim.

    The table below explains which submissions to Xchanging are subject to manual triage.

  • Grey cells in the table represent locked in values. Future transactions relating to that

    OSND or open claim cannot be varied, and the status applicable thereto will be

    automatically generated within Xchanging’s systems.

    Status

    assigned by

    MA

    Future PM Future FDO Future AP &

    RP

    Open claims New &

    reopened

    claims

    Original Signing Number and Date on master list

    Transferring N/a N/a Part VII See below #1 Part VII

    Non-transferring N/a N/a Non-Part VII See below #1 Non-Part VII

    Mixed N/a N/a Manual Triage See below #1 Manual Triage

    Unknown N/a N/a Manual Triage See below #1 Manual Triage

    Newly identified Manual Triage Non-Part VII#2 Manual Triage Manual Triage Manual Triage

    Open claims list (including new movements thereon)

    Transferring N/a N/a N/a Part VII N/a

    Non-transferring N/a N/a N/a Non-Part VII N/a

    Mixed N/a N/a N/a N/a N/a

    Unknown N/a N/a N/a N/a N/a

    PM – Premium. FDO - For Declaration Only. AP and RP - Additional Premium and Return Premium.

    #1 – Open claims on the OSND will be assigned a status separately – see the next section of the table.

    #2 – All FDOs signed post master list will be assigned a status of non-transferring, but manual triage applies

    separately to each subsequent AP, RP or new claim attaching thereto.

    Gap between

    master list and

    go live

    The master list will be updated shortly after the Scheme effective

    date to include existing signings that were not included in the

    original master list data selection. It is therefore possible that

    additional premiums, return premiums and claims could be

    received and processed between the triage service going live and

    the catch up files, attaching to an OSND which is created between

    completion of the original master list and the triage service going

    live, which will be subject to manual triage and assigned a status

    which differs from that assigned by the lead managing agent as

    part of that catch up exercise.

  • The catch-up files will not automatically roll over to those AP, RP and

    claims. Responsibility rests with managing agents to identify such

    transactions and to contact the broker to have them instruct

    Xchanging to process any necessary cancel and replacements

    under the existing corrections process.

    However, allocation of a definitive status of transferring or non-

    transferring by the lead managing agent as part of the catch up

    exercise will be locked in for all AP, RP and new claims processed

    after the catch up has been performed by Xchanging.

    Status of OSND

    determines

    whether locked

    in or not locked

    in

    There is a difference between where the master list status is

    definitively transferring or non-transferring and where Xchanging

    performs manual triage:

    • Where the master list status is definitively transferring or non-

    transferring, that status applies not only to that OSND but also

    to all subsequent AP/RP and new claims, so all such entries

    will be consistent under that OSND.

    • However, where Xchanging performs manual triage on a

    newly identified OSND, or where managing agents have

    assigned a status mixed or unknown to an OSND on the

    master list, Xchanging will perform triage on each signing

    separately. Where Xchanging performs manual triage, it is

    therefore possible that an OSND and AP/RP/new claims

    attaching thereto may have a mixture of transferring and

    non-transferring statuses.

    Closed claims

    reopened

    A closed claim will not have appeared on the initial load open

    claims list that was created from managing agents’ initial load

    data. If a closed claim fitting the definition is reopened, it will be

    dealt with as if it were a new claim: where the master list status is

    definitively transferring or non-transferring the reopened claim

    attaching thereto will pick up that locked in status, and where the

    OSND has been assigned a master list status of unknown or mixed

  • manual triage will be performed by Xchanging on the reopened

    claim.

    CORs It is important to note that the assignment of a status on claims will

    be at Claims Office Reference (claim signing number and date)

    level, so it is possible for one UCR to have some CORs that transfer

    and others that don’t.

    How will manual triage be performed?

    The way that manual triage applies is different for non-bulked and bulked business, as

    detailed below.

    The new triage service will go live on 21st December 2020.

    Manual triage process – non-bulked

    Based on: Foreign Insurance Legislation (FIL) codes and, where applicable,

    policyholder’s domicile

    Performed by: Xchanging

    Consists of: all OSNDs which are not related to binding authorities or bulking lineslips. It

    therefore primarily consists of open market risks and declarations to non-bulking lineslips.

    Where the master list status of an OSND is unknown or mixed, or it is newly identified,

    Xchanging is responsible for assigning the Part VII status of non-bulked signings.

    Xchanging will perform manual triage using the same information that it already uses in

    determining the Foreign Insurance Legislation (FIL) codes that are output as part of the

    USM and SCM and subsequently used by Lloyd’s for regulatory reporting.

  • Appendix A shows the process that Xchanging will follow for additional and return

    premiums and new claims attaching to OSND which have as status of mixed or unknown

    on the master list.

    Appendix B shows the process that Xchanging will follow for newly identified premiums

    (premium ONSDs that do not appear on the master list) and additional and return

    premiums and claims attaching thereto and attaching to newly identified non-bulked

    FDOs. Note that this differs slightly from appendix A in that it omits any reference to the

    domicile of the policyholder other than where that is part of the FIL definition for a

    particular class of business. This difference is due to the way that the Scheme document

    is worded.

    A list of FIL codes that fall within the scope of the Part VII transfer, and those which relate

    to excluded business and won’t transfer, has been distributed to all managing agents by

    the Part VII Programme, and will also be added to Lloyd’s website.

    Foreign

    Insurance

    Legislation (FIL)

    definitions

    Please note that FIL code definitions, and the need for separate

    signings, often change. Xchanging will apply the current FIL

    definitions and requirement for separate signing to any new

    premium or additional or return premium signings. However, claims

    will follow the coding of the premium to which they relate. This

    follows current practice. Current FIL definitions are contained in

    Lloyd’s Crystal under the heading ‘Definition of risk location’.

    Example of

    different

    statuses on

    same UMR

    For insurance business, FIL definitions are different depending on

    what is being insured. Please refer to Lloyd’s Crystal for all definitions.

    For example, premium relating to a Mongolian insured with fixed

    property in France would currently be subject to French FIL coding

    but premium relating to liability insurance for that insured would not

    because coding for liability business is based on the insured’s

    domicile. Where separate signings are generated for them, it is

    therefore possible that different interests on the same policy could

    receive different FIL codes, and under the manual triage carried out

    by Xchanging, different Part VII statuses.

  • Determining the

    domicile of the

    policyholder,

    where

    applicable

    Where the FIL code is not an EEA or excluded one, where required

    above Xchanging will check where the policyholder is domiciled. In

    performing this check, Xchanging will make use of the same

    information that it currently uses to assign FIL codes: if a slip shows

    the address of the insured under Risk Details or the equivalent

    Xchanging will act on that information, or if that is absent the

    Country of Origin. Xchanging will not make enquiries to establish

    where other ‘additional’ insureds (subsidiary, affiliated or associated

    companies etc) are located. This follows current practice.

    Fees and

    commission

    entries etc

    Survey fees, leader’s fees, profit commission, commission and other

    entries relating to the administration of the contract (not risk

    premium) will be treated the same way as the premium or claim to

    which they relate.

    If Xchanging is unable to determine which FIL code(s) apply, or establish the domicile of

    the policyholder, Xchanging will query with the broker for clarification or agreement from

    (re)insurers in the same way that we ordinarily would in these circumstances.

    Monaco There is currently no FIL code to identify business fitting the

    regulatory definition for Monaco. Xchanging will therefore use the

    risk location definition, and where applicable policyholder domicile,

    to identify Monegasque business and to manually triage

    appropriately.

    Action required by broker - non-bulked

    • There is no change to the way that non-bulked submissions in respect of

    premiums, additional premiums, return premiums and claims are made to

    Xchanging arising from Part VII.

  • • There is no change to LPAN or Treaty Statement completion.

    • Please refer to the section below on Corrections. Where a managing agent asks a

    broker to change the Part VII status of premiums, additional premiums, return

    premiums or claim, cancel and replacement LPANs or Treaty Statements etc must

    be supplied as part of the corrections work package along with the appropriate

    level of agreement.

    • Brokers should note the level of agreement required for changes to the status is

    set out under the Disputes section below.

    Manual triage process – bulked

    Based on: file name prefix

    Performed by: coverholder/TPA/broker (binding authorities) and broker (non-bulking

    lineslips), assisted by Xchanging

    Consists of: all OSNDs which are related to binding authorities or bulking lineslips.

    Where the master list status of an OSND is unknown or mixed, or it is newly identified, the

    coverholder, TPA or broker is responsible for advising Xchanging whether a premium or

    claims bordereau is subject to Part VII or not.

    Where that it is the case, bordereaux must be submitted on the IMR with a file name

    beginning P7 where the coverholder, TPA or broker has determined they should be

    subject to the Part VII transfer. Where the Part VII transfer does not apply, the file name

    must begin N7.

    Appendix C shows the process that Xchanging will follow for bulked business.

    Action required by broker where the master list status is unknown or mixed or the OSND is

    newly identified - bulked

    • For all Lloyd’s binding authorities and bulking lineslips incepting on or before 12

    April 2019, brokers must ensure that premium and claims bordereaux are

  • attached to the IMR with a file name beginning either P7 (transferring, subject to

    Part VII) or N7 (non-transferring, not subject to Part VII).

    • Furthermore, where German reinsurance is included therein, and the premium or

    claims bordereaux attaches to a binding authority or bulking lineslip which incepts

    on or before 29 October 2020, the same naming convention must be followed.

    • Xchanging will query with the broker any submission under a binding authority or

    lineslip incepting on or before the above dates if the file naming convention is not

    followed. The broker will be required to reload the file using the file naming

    convention.

    • Mixed bordereaux loaded as a single file will not be accepted in relation to

    binding authorities or lineslips incepting on or before the above dates.

    • Where possible, it is recommended that where a binding authority has a mix of

    transferring and non-transferring, the two bordereaux should be submitted as part

    of the same work package.

    • There is no change to LPAN or Treaty Statement completion.

    • Please refer to the section below on Corrections. Where a managing agent asks a

    broker to change the Part VII status of a premium, additional premium, return

    premium or claims, cancel and replacement LPANs or Treaty Statements etc must

    be supplied as part of the corrections work package along with the appropriate

    level of agreement.

    • Brokers should note the level of agreement required for changes to the status as

    set out under the Disputes section below.

    • Brokers may need to split claims blocks on mixed bulked contracts. A separate

    Xchanging market communication will be issued in relation to broker numbers,

    and this will include an explanation of how bordereau claims should be split,

    which is also relevant to this market communication.

    • There are no other changes in the way that For Declaration Only, additional

    premium, return premium and claims submissions are made to Xchanging.

    Managing

    Agent has

    already

    classified

    If an OSND has a master list status of transferring or non-transferring,

    Xchanging’s systems will automatically follow that locked in status

    irrespective of whether the file naming conventions have been

    followed, and if they have, irrespective of the file name assigned by

    the coverholder, TPA or broker.

  • Reliance on file

    name

    Where the OSND has a status of unknown or mixed or is newly

    identified, Xchanging will not check that bordereaux have the

    correct prefix. If a bordereau attaching to one of these OSND is

    loaded with a file name prefixed with P7 or N7, Xchanging will code

    signings based thereon without reference to the contents of the

    bordereau.

    Delete what

    doesn’t apply

    It is acknowledged that coverholders and brokers may be unable to

    amend legacy systems to produce separate bordereaux.

    Xchanging will therefore accept the same bordereau being loaded

    with both P7 and N7 file names, provided the data therein that does

    not apply is deleted in each file.

    Fees and

    commission

    entries etc

    The same naming conventions should apply in respect of

    coverholder fees, survey fees, leader’s fees, profit commission,

    commission and other entries relating to the administration of the

    binding authority or bulking lineslip.

    German Reinsurance

    Some German reinsurance business continued to be written by Lloyd’s syndicates where

    the risk or facility incepted or on or before 29 October 2020. As noted above, this

    business will be included in the scope of the Part VII transfer and triage service.

    Xchanging has also been asked to implement checks to support managing agents in

    compliance with the requirement, set out in Lloyd’s market bulletin Y5301 dated 30 July

    2020, that German reinsurance incepting on or after 30 October 2020 must be written

    using Lloyd’s Brussels stamps.

    In respect of German reinsurance, proportional treaty business written by Lloyd’s

    syndicates is within the scope of Part VII and such contracts will transfer if they fulfil the

    criteria.

  • Lloyd’s Market Bulletin Y4763 dated 27 January 2014 does not require German reinsureds

    to be split out and signed separately, so Xchanging will only be able to allocate a

    German FIL code where either the whole reinsurance relates to German reinsured(s), the

    primary reinsured is German and no other splits are required, or where separate

    premium is allocated to the German reinsured and the broker has provided a separate

    LPAN for that portion of premium. Where a German FIL is not applied, Xchanging will not

    assign a status of transferring

    Xchanging’s systems

    Where the master list status is unknown or mixed, or the OSND is newly identified,

    Xchanging will generate the trust fund code in the following way:

    Xchanging

    systems

    In Xchanging’s premium processing system, where manual triage is

    performed, the technician will enter an indicator to identify whether

    the signing is transferring or non-transferring, and the trust fund code

    will be generated using a combination of that indicator and the FIL

    code, currency and the other information that is currently used to

    generate trust fund codes. For new claims created after the go live

    date, the Xchanging technician will manually enter the trust fund

    code on the first (AA) movement. This reflects current practice. For

    proportional treaty business processed under the Treaty Scheme,

    the trust fund code will be automatically generated for German

    reinsurances in the premium processing system.

    Deferreds and delinked

    Unpaid delinked premiums, additional and return premiums, and instalments under the

    deferred account scheme, relating to business within the scope of the transfer will need

    to be cancelled and replaced in order to generate the appropriate Part VII status and

    trust fund code. A separate communication will be issued by Lloyd’s detailing this

    process.

  • Disputes

    There may be circumstances where managing agents responsible for following

    syndicates disagree with the status allocated by the lead managing agent on the

    master list, or where managing agents disagree with the outcome of manual triage

    performed by Xchanging, the coverholder, TPA or broker.

    Lloyd’s expects the lead managing agent to take responsibility for the resolution of any

    disputes regarding whether a signing should be subject to the Part VII transfer or not.

    Where the OSND on master list has a transferring or non-transferring status

    Managing agents have been asked to confirm the accuracy of the master list. The

    scope of this confirmation is not included within this document.

    On the very rare occasions when a master list OSND is agreed to be incorrect in

    accordance with the disputes process outlined later in this document, a cancel and

    replace is required to amend it.

    Before this can be processed by Xchanging both the lead managing agent on the

    master list and Lloyd’s Brussels must approve the change. Agreement from Lloyd’s

    Brussels must be obtained by emailing [email protected] in the prescribed format.

    Following underwriters must contact the lead managing agent as identified on the

    master list if they believe a signing has an incorrect status and therefore trust fund code.

    Where the lead managing agent and Lloyd’s Brussels have agreed to this change, the

    lead managing agent on the master list should instruct the broker to submit a corrections

    work package to Xchanging in the normal way.

  • Where the OSND on master list has a status of mixed or unknown

    Subsequent additional and return premiums and new claims signed to these OSND

    signed after the go live date will be subject to manual triage by Xchanging and will be

    allocated the appropriate trust fund code based on the process set out herein.

    Where managing agents disagree with the trust fund code allocated by Xchanging, the

    lead managing agent on the master list should instruct the broker to submit a corrections

    work package to Xchanging in the normal way with the appropriate cancelling and

    replacing documentation (LPANs for premiums and AP/RP). There is no need to obtain

    agreement from Lloyd’s Brussels.

    Where the OSND is newly identified

    These OSND and subsequent additional and return premiums and new claims signed

    thereto will be subject to manual triage by Xchanging and allocated the appropriate

    trust fund code based on the process set out herein

    On these OSND there will be no lead managing agent identified because the OSND will

    not have appeared on the master list.

    Xchanging will therefore accept requests for the cancelling and replacement of signings

    relating to newly identified OSND where they have been agreed by the Slip Leader or

    Bureau Leader, where a Lloyd’s syndicate has been identified as such in the slip, and

    where there is not, using the same logic as we currently apply in determining the Lloyd’s

    lead(s). There is no need to obtain agreement from Lloyd’s Brussels.

    Following underwriters must therefore contact the above-mentioned syndicate if they

    believe a signing has been assigned an incorrect trust fund code by Xchanging.

  • All OSND

    Xchanging cannot correct a Part VII status and retain the existing signing number and

    date(s). Where a change of status is agreed, a cancel and replacement will always be

    required.

    Brokers and underwriters should note that Xchanging will only carry out a cancel and

    replace where the appropriate agreement has been obtained and the request

    complies with the above rules. Xchanging will raise a query with the broker where this

    has not occurred.

    The broker will need to submit a corrections work package including cancelling and

    replacing LPANs for all the affected premium, FDO and AP/RP signings and evidence of

    the agreement to the change in accordance with the above.

    If brokers are unclear as to the Part VII status of an OSND on the master list, they should

    consult with the appropriate managing agent.

    Part VII

    overrides slip

    provisions

    Xchanging has been instructed that under the terms of the Scheme,

    for OSND on the master list, the level of agreement referred to

    above must be obtained, irrespective of any slip provisions to the

    contrary. If brokers are unsure as to what level of agreement is

    required, they should consult with the appropriate managing

    agent(s). Please note that Lloyd’s / the Part VII Programme are

    currently reviewing the dispute process for where the identity of the

    Master List lead is subject to disagreement. DXC will not determine

    who the relevant lead is if there is a dispute. Further updates to this

    section will be provided following input from Lloyd’s / the Part VII

    Programme on this matter.

    Where possible all such submissions should be made on the IMR. Where the cancel and

    replace relates to a UMR which does not currently exist on the IMR, it will be necessary for

    brokers to back load it. Where a Mid Term Broker Change (MTBC) prevents the original

    UMR from being used on the IMR, the non-standard process detailed in Xchanging

  • market communication 2018/022 dated 21 February 2018 should be followed and a new

    UMR created and agreed to enable the cancel and replace to be submitted.

    In line with the existing practice, Xchanging will not charge for a cancel and replace

    where Xchanging has performed manual triage and it can be identified as being

    necessitated by an Xchanging error.

    Premium corrections

    The only changes to the corrections process are outlined above plus the following:

    Wrong file name Where the managing agent has assigned a status to a bulked

    OSND of unknown or mixed or it is newly identified after the

    completion of the master list, Xchanging will also accept

    corrections to AP/RP and new claims set up after the go live date

    where the broker advises that the wrong file name was originally

    loaded to the IMR.

    AP shouldn’t

    follow ONSD

    For any OSND on the master list with a transferring or non-transferring

    status any AP, RP and new claims will automatically attract that

    locked in status. The only way to change the status of a subsequent

    AP in these circumstances would be to sign it separately as either a

    premium or attaching to an FDO signed specifically for that

    purpose.

    Claims corrections

    Where a claim has been subject to manual triage by Xchanging, and the outcome of a

    dispute regarding the status results in the need to change it, a cancel and replace of

    the relevant COR(s) will need to be requested by emailing the relevant XCS team in the

    usual manner. Agreement from the parties identified above must be included in with the

    request. Where this occurs, Xchanging will move the Paid To Date from the cancelled

    COR(s) to the replacement COR(s).

  • Please note that the assignment of a new status to a claim on the initial load claims list,

    or of a new claim which was processed against an OSND with a locked in status of

    transferring or non-transferring on the master list, will only be possible if the status of the

    OSND is first changed to the same as the status to which the claim needs to be

    changed. This will require the OSND to be cancelled and replaced before the

    replacement COR(s) can be signed, in which case the sequence of events will need to

    be, (i) cancel OSND, (ii) replace OSND, (iii) cancel claim (iv) replace claim. Please note

    that we cannot guarantee cancellation and replacement will occur on the same day.

    Please also see above regarding errors in file name prefixes.

    Loss funds

    Consideration should be given as to whether loss funds which currently relate to both

    transferring and non-transferring business need to split by reducing the existing fund and

    establishing a second with the appropriate status.

    Button stamps

    Managing agents should note that where they agree to a contract change, claim or

    bordereau relating to an OSND that has transferred, they should continue to do so using

    the button stamp or electronic equivalent belonging to the Lloyd’s syndicate whose

    stamp appears on the slip or endorsement. Although technically they will be doing so on

    behalf of Lloyd’s Brussels, Lloyd’s Brussels button stamps or electronic equivalent should

    not be used when agreeing a contract change, claim or bordereau where it relates to a

    Lloyd’s stamp.

  • Account Enquiry

    Trust fund code is displayed in Account Enquiry.

    Existing signings will not be updated to reflect the status that managing agents have

    assigned them in the master list.

    However, in respect of premium and AP/RP signings processed by Xchanging on or after

    the 21 December 2021, the actual trust fund code applicable to that signing will be

    displayed in Account Enquiry, either derived from the locked in definitive transferring or

    non-transferring master list status provided by the lead managing agent, or as a result of

    Xchanging performing or recording manual triage on master list OSND with a mixed or

    unknown status and on newly identified OSND.