Brighter Consultancy Blog

Upcoming Regulatory Changes and the Impact on London Market Insurers

Written by Simon Davis | Jul 5, 2024 2:52:37 PM

The London market is facing into significant regulatory changes that will shape the future of its market and the insurance it offers. These changes aim to enhance consumer protection, promote sustainability, and ensure the resilience of financial services. London market insurers must adapt to these new regulations to remain compliant and competitive. Here’s an overview of some of the upcoming regulatory changes and their potential impact on members operating in the London market.

Solvency UK Reforms

The Prudential Regulation Authority (PRA) is advancing the implementation of Solvency UK reforms, which will replace certain elements of the Solvency II regime. These reforms are tailored to better suit the UK market post-Brexit and include:

  • Risk Margin Adjustments: Changes to the risk margin calculation to reduce volatility and better reflect the actual risks faced by insurers.
  • Simplification of Technical Provisions: Measures to simplify the calculation of technical provisions, making it easier for insurers to meet regulatory requirements without compromising accuracy.

Member firms need to ensure they understand the reforms, which are expected to provide a more flexible and tailored regulatory framework for UK insurers, potentially lowering the cost of compliance and improving the efficiency of capital management, and importantly how they will adopt and manage the change process.

Consumer Duty

The Financial Conduct Authority (FCA) has introduced a new set of obligations known as Consumer Duty, designed to ensure that insurers deliver good (better) outcomes for customers.  The key, now that initial implementation is supposed to be complete, is to demonstrate embedding and use in practice.  The FCA will be looking to see whether this is making a difference in outcomes for clients. 

For the Lloyds of London market, there are two key focus areas:
1. Compliance with existing product governance and fair value rules (PROD4).
2. Implementation and embedding of the rules for consumer understanding and support.

The FCA has long identified ambiguous contract terms as a harm specific to the London Market.  This can lead to misalignment between customer expectations and actual outcomes, whether that be scope of cover or the insurance product purchased.  

The Consumer Duty aims to foster a customer-centric approach, enhancing transparency and trust in the insurance market.

Sustainability Disclosure Requirements (SDR)

Starting mid-2024, all FCA-authorised firms will be subject to the Sustainability Disclosure Requirements (SDR), which include:

  • Anti-Greenwashing Rules: Firms must provide enhanced disclosures to ensure they are not making misleading claims about the environmental credentials of their products and services.
  • Climate-Related Risks Integration: Aligning with broader regulatory efforts, these rules will help integrate climate-related risks into the regulatory framework.

These requirements will encourage insurers to adopt more sustainable practices and improve the accuracy and reliability of their environmental claims.

Operational Resilience

The PRA and FCA are continuing to emphasise operational resilience, with a focus on:
  • Robust Systems and Controls: Ensuring firms have systems and controls in place to withstand and recover from disruptions.
  • Cyber Risk Management: Heightened regulatory scrutiny and enforcement actions regarding cyber risks.
Operational resilience is critical for maintaining trust and stability in the insurance market, particularly in the face of increasing cyber threats and other operational disruptions, and especially in the London Market.

Digital Finance Regulations

The regulation of digital finance is a key focus area for the FCA, including:
  • AI and Digital Assets: Developing new rules and guidance to manage the risks associated with artificial intelligence (AI) and digital assets while promoting innovation.
  • Risk Management: Ensuring that the use of digital technologies does not compromise consumer protection or market integrity.

Member firms need to understand these regulations so that they can leverage digital innovations responsibly, enhancing their service offerings and improve operational efficiency.

ESG and Climate Risk

Environmental, Social, and Governance (ESG) factors are increasing in importance, and the London Market is not exempt from criticism here.  A ShareAction report in April 2024 highlighted weaknesses in standards.  There is a current focus on:
  • Climate-Related Disclosures: New standards for climate-related disclosures and risk management, building on existing guidelines and international frameworks like the International Sustainability Standards Board (ISSB) standards.
  • Risk Integration: Ensuring that insurers integrate ESG factors into their risk assessment and management processes.

These initiatives will help Member Firms implement sustainable practices across the insurance sector, aligning with global efforts to address climate change and promote sustainability.  

Regulatory challenges and opportunities

The upcoming regulatory changes present both challenges and opportunities for London market insurers and Member firms. By proactively adapting to these new requirements, insurers and Members can enhance their operational resilience, promote sustainability, and improve customer outcomes. Staying updated on regulatory developments and integrating compliance into strategic planning will be crucial for insurers aiming to thrive in this new landscape. 

As the regulatory environment changes, insurers must remain agile and forward-thinking, leveraging regulatory changes to drive innovation and maintain their competitive edge in the dynamic London market.

For more information and advice on regulatory changes, managing change effectively and maintaining compliance, contact Brighter Consultancy.