Imagine
this: you have switched cover for a small group life scheme. Not long afterwards a member who has been in
the scheme for years dies and a claim is submitted. The claim, though, is rejected by the
insurance company, quite legitimately.
It sounds like a nightmare scenario, but it can come about because of
the way ‘actively at work’ conditions operate.
One of the most attractive aspects of group schemes is that a lot of cover can be obtained in return for little information about the people to be covered, thanks to the operation of automatic acceptance, also known as ‘free cover’ – limits. Any benefits that fall within the limit (usually, the vast majority) are provided without asking anything about the members; only benefits above the limit are subject to health and other information. The reason why cover can be given out on such a liberal basis is that insurers expect groups to consist of an average mix of people in various states of health, but it leaves them open to the risk of providing cover to some individuals who are actually in much poorer health. It is to filter out at least some such individuals that group risk insurers apply ‘actively at work’ conditions. These withhold cover for members off sick on the day cover is due to start; if and when they return to work, cover is provided.
Actively
at work (AAW) conditions can be worded in various ways, varying in stringency,
which can be applied according to the situation and it is at the insurer’s
discretion to decide what wording to use in each set of circumstances. Whichever wording is used, though, if a
member falls seriously ill or suffers a life-threatening accident the day
before cover starts, their absence from work the next day means they are not
covered, even if they had been with a previous insurer up until then (and so
would have been covered had the cover not switched from one insurer to another
at that point in time). Nobody could
have known beforehand that the lack of cover would arise, so the issue is not
about anyone failing to do their job – it is inherent in the way actively at
work conditions operate.
This
is not just a problem we have been led to consider in the abstract. Situations where parties have been left
without cover can and do arise, and advisers with long experience of group risk
business have flagged the problem. As
well our product development being heavily based on adviser feedback, here at
Ellipse we also believe in designing out risk from products and processes
wherever we can.
We
have come up with an alternative to actively at work conditions that we believe
will be easy for clients to understand and work with. We now ask clients to tell us of employees who,
in the past year, have been off sick for four or more whole weeks if the policy
covers up to 500 members, or thirteen or more whole weeks where there are 501
or more members. (In both cases, the
whole weeks of absence need not be consecutive – we want to know about people
who have had four separate weeks off sick as much as those who took off one
continuous block of time.) The key is
that we are asking for information about what has
already happened rather than imposing
a condition around what might
happen. Employers should have the
information on file as any absence of more than 7 days requires a note from the
employee’s doctor to be provided to them by the employee.Although this approach requires slightly more information from the client before cover begins, the danger of catastrophic gaps in cover – which fall on the parties least able to carry them – is removed. From a contract certainty point of view this approach is far superior and provides clients and their advisers with a much clearer and more detailed understanding of what is being insured.
Tom Bond, Underwriting Specialist
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