PART II SPECIFIED ACTIVITIES

F1CHAPTER VIIAAssisting in the Administration and Performance of a Contract of Insurance

Exclusions

Claims management on behalf of an insurer etc.39B.

(1)

A person does not carry on an activity of the kind specified by article 39A if he acts in the course of carrying on the activity of—

(a)

expert appraisal;

(b)

loss adjusting on behalf of a relevant insurer; or

(c)

managing claims on behalf of a relevant insurer,

and that activity is carried on in the course of carrying on any profession or business.

(2)

In this article—

(a)

“relevant insurer” means—

(i)

a person who has Part IV permission to carry on an activity of the kind specified by article 10;

(ii)

a person to whom the general prohibition does not apply by virtue of section 316(1)(a) of the Act (members of the Society of Lloyd's);

(iii)

an EEA firm falling within paragraph 5(d) of Schedule 3 to the Act (insurance undertaking); or

(iv)

a relevant reinsurer;

(b)

“relevant reinsurer” means a person whose main business consists of accepting risks ceded by—

(i)

a person falling within sub-paragraph (i), (ii) or (iii) of the definition of “relevant insurer”; or

(ii)

a person who is established outside the United Kingdom who carries on an activity of the kind specified by article 10 by way of business.