FSA bans two insurance brokers for misconduct

It has also withdrawn the permissions of Brincat’s insurance firm, Wise Owl Services Limited.

Porter was the sole shareholder and the only broker at Porter Insurance which specialised in providing insurance policies for businesses and individuals.

The FSA found that while a broker and director of Porter Insurance Andrew Porter had deliberately:

• underinsured clients, retaining the surplus money for his benefit;
• exposed companies to the risk of significant financial loss by misleading them into paying for cover, which, unknown to them, was neither suitable nor appropriate for their business needs, leading them to be underinsured; and
• falsified documentation in the names of companies to mislead those clients and recipient insurance companies.

The FSA considers Porter’s dishonest conduct to be serious because he abused the trust and confidence his clients and recipient insurance companies placed upon him, exposing the clients to significant financial losses. The FSA believe he posed a risk both to consumers and to insurance companies, and to confidence in the financial system.

Brincat was the sole director and a shareholder of Wise Owl, a small firm specialising in insurance policies for buildings and life insurance.

The FSA found that between September 2009 and August 2010 Alexander Brincat had:

• failed to monitor adequately the high cancellation rate of life insurance policies sold by Wise Owl, and failed to disclose to Wise Owl’s insurance providers that it had a sales strategy of offering free life cover to customers;
• left the country for prolonged periods without putting in place adequate compliance arrangements at Wise Owl;
• failed to ensure that Wise Owl had sufficient resources to pay premiums due to customers who had agreed to the free life cover offered by Wise Owl, and repay sums of commission claw back owed to insurance providers when such cover was cancelled; and
• failed to monitor Wise Owl’s financial position, including the extent of Wise Owl’s liabilities to insurance providers.

Brincat’s failings are serious due to the significant losses incurred by Wise Owl’s insurance providers, and his abandonment of the authorised business. The FSA has therefore decided to ban him from performing any function in relation to any regulated activity.

Tracey McDermott, acting director of enforcement and financial crime commenting on both cases, said: “Andrew Porter deliberately underinsured clients, many of whom were involved in high risk trades. He provided them with policies he knew were potentially worthless and would not payout if they suffered an accident. This is not only a dishonest and deliberate failing in his responsibility as an approved person, but a complete breach of trust with his clients.”

McDermott continued: “Alexander Brincat’s incompetence at Wise Owl posed a risk to other market participants and to confidence in the financial system. In order to remove this risk Brincat has been banned. We will continue to take action against individuals who, either through incompetence or fraudulent activity, allow their firms to cause such losses to other market participants.”