Auto insurance is necessary to operate a vehicle in Ontario and FSRA is taking steps to ensure that all consumers can get the best product at the best price available when they purchase or renew their auto insurance policy.
FSRA has issued “Take-All-Comers” guidance to strengthen compliance standards in light of the development of quoting technology used by insurers and to reiterate that auto insurance providers are required by law to provide all Ontario consumers with access to timely auto insurance quotes and the lowest rates available to them.
Insurers, agents and brokers have legal obligations to:
- provide consumers the lowest rate available
- offer all eligible consumers a renewal; and
- accept all auto insurance business from consumers that meets Insurers’ approved rules
Full compliance with requirements identified in this guidance by the industry will prevent activities that preclude or frustrate consumers efforts to purchase or renew their auto insurance when they otherwise qualify for a quote or a renewal.
The requirements outlined in the “Take-All-Comers” 2009 Bulletin remain relevant. However, the use of technology in the auto insurance industry has continued to improve over the past decade and this new FSRA guidance not only reiterates the existing requirements of the “Take-All-Comers” rule, but also considers advancements in technologies utilized by insurers, agents and brokers.
In addition, during consultations some stakeholders raised concerns over compliance with Ontario’s “Take-All-Comers” rule. This guidance will lead to strengthened conduct standards, and improved fairness in the system for consumers. These strengthened standards will also help to ensure a level playing field for all industry participants on which to compete for consumers business.
What this means:
FSRA is requiring all Ontario auto insurers to carefully review their practices in light of the concerns raised and take immediate remedial actions, including self-reporting to FSRA to address any existing or potential contraventions of the “Take-All-Comers” rule.
Learn more about the signs that you may have been unfairly denied a quote or renewal in spite of qualifying.
FSRA will be proactively supervising insurers to ensure compliance with “Take-All-Comers” and plans to finalize its thematic review in 2022.
FSRA can take a variety of regulatory enforcement actions, depending on the nature and severity of the non-compliance. Reponses to misconduct can range from education and remediation action to regulatory intervention, which includes administrative monetary penalties, as well as other sanctions such as License Revocation, Conditional Licenses or Compliance Orders, in order to influence marketplace behaviour.
- Interpretation of Sections 237 & 238 of the Insurance Act and Sections 1(1) and 2(1)(5) to 2(1)(8) of Regulation 7/00 Unfair or Deceptive Acts or Practices and Approach to Supervision [Take All Comers Rule]
- Take-All-Comers information for Consumers
- Consultation: Auto insurance take all comers rule
- Auto insurance take all comers requirements consultation summary