ID
2020-004

Type
Supervision
Sector
Auto Insurance Sector
Status
Public comment closed
Date
Comment Due Date

Thank you for providing your feedback on FSRA’s Take-All-Comers Consultation.

We appreciate the comments and questions received to date. Your feedback will help to inform our final approach. 

The request for submissions is now closed.

Learn more about this consultation

Have you had difficulty obtaining auto insurance?  Ontarians have the right to insurance quotes through a fair process and to receive coverage on fair terms.  If you have a good driving record and have been unfairly denied coverage, or have experienced unreasonable delay when requesting a quote, this survey is for you.

When consumers shop for auto insurance, insurers are required to offer the lowest rate available for each consumer’s circumstances. Before an insurance policy expires, insurers are required to offer their customer a renewal if that customer continues to meet that insurer’s eligibility rules. Insurers must accept all of the auto insurance business from consumers that meet their approved rules.
These requirements mean that Ontario’s auto insurance system is subject to a “Take-All-Comers rule”. Take-All-Comers refers to three main requirements under the Insurance Act RSO 1990, c I.8 (the “Insurance Act”):

  • Section 237 prohibits insurers from declining to issue, terminating or refusing to renew an auto policy or endorsement on any prohibited grounds set out in the regulations;
  • Section 238 prohibits insurers from declining to issue, terminating or refusing to renew an auto policy or endorsement, except on grounds filed with FSRA; and 
  • Section 2(1)(8) of Regulation 7/00 Unfair or Deceptive Acts or Practices (“UDAP”) requires insurers to provide consumers with the lowest rate available when it receives a request for a quotation for automobile insurance, an application for automobile insurance made to an affiliated insurer, or an offer by an affiliated insurer to renew an existing contract of automobile insurance, in accordance with the insurer’s declination grounds and approved rates and risk classification systems.

FSRA is also reviewing various activities and practices by insurers and/or brokers that may be contravening the Take-All-Comers rule and will be conducting supervisory reviews of insurance companies to identify risks or instances of consumer harm. We will work with the Registered Insurance Brokers of Ontario to ensure a coordinated approach is taken across the auto insurance system.

Questions for Consumers

  • Have you been denied auto insurance in spite of believing you qualified to receive a quote?
  • Was your auto insurance policy cancelled and you didn’t understand why?
  • Did it take a long time to get a quote or did you never receive a quote after requesting one? 

Questions for Licensed Individuals and Entities

  • What reporting and oversight mechanisms are in place to support compliance with the Take-All-Comers rule?
  • How does your organization address instances of non-compliance with the Take All Comers rule?
  • What changes to the Take-All-Comers rule would reduce the risk of consumer harm and/or sector instability?

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