OSTI Annual Report for the period 2018

ARTICLE BY

SHARE THIS POST

The Ombudsman for Short-Term Insurance (OSTI) today released its Annual Report on Operations for 2018. OSTI is the body responsible for providing consumers with a fair and transparent dispute resolution mechanism when it comes to short-term insurance disputes.

The numbers

In 2018 the ombudsman closed 9 474 complaints (out of 9 779 formal complaints and 4 026 preliminary matters received) and recovered more than R87 million in favour of consumers. This was roughly in line with 2017’s statistics where 9 962 complaints were closed and just over R87 million was recovered.

Over the period, motor vehicle insurance complaints made up 48% of the total number of finalised complaints, followed by homeowner’s insurance at 21%. Commercial insurance complaints increased from 8% in 2017 to 9% in 2018 while household content insurance grievances decreased from 6% in 2017 to 5% in 2018. 

More than two-thirds of finalised complaints related to concerns about an insurer’s decision on a claim, with 36% relating to the rejection of a claim on the basis of an exclusion or warranty in the policy terms and conditions. The report points out that consumers do not know or understand material terms and conditions contained in their policy documents. This highlights the need for policy documents to be drafted in clear and simple language.

Notable among the annual statistics was OSTI’s low ‘overturn rate’, the percentage of matters where some portion of the insurer’s decision was overturned. In 2018 this percentage sat at an overall 18%.

Sensitive to the fact that many read this figure as an indication of performance and how customers were being treated by an insurer, Ombudsman Deanne Wood explained that OSTI had amended its reporting in this regard. “In an effort to break the entrenched thinking around insurer statistics, and in the hope that it will encourage more conciliated outcomes, OSTI has changed the way in which it reports its insurer statistics. In this year’s report, the statistics reveal the number of matters where the insured received some benefit as a result of OSTI’s intervention (formally described as the overturn rate) in two separate parts.” Part one relates to matters where resolution was received consensually and through discussion or conciliation, and part two reflects those matters where OSTI was required to make a formal recommendation or ruling to compel compliance from the insurer.

On average, disputes in 2018 were resolved in 104 days, an improvement on 2017’s 131-day turnaround and close to OSTI’s target of 100 days. However, while speed is important throughout the resolution process, OSTI remains keenly aware that the quality of its interventions are of particular importance. It is for this reason that the ombud’s primary focus for 2018 was streamlining its complaints resolution mechanism.

A consumer-centric approach

The year saw a freshly-rebranded OSTI make changes across all segments of the business, including upgrading existing IT systems to modernise the complaints process, establishing a new customer experience department, and introducing an internship programme to support graduate lawyers. Consumers can already lodge complaints telephonically or online, so grievances will be assessed faster ensuring more rapid resolution, insurers will be incentivised to resolve complaints at inception, and a facilitation process comprising negotiation, conciliation and mediation will now be used to resolve more complaints.

According to Deputy Ombudsman, Edite Teixeira-Mckinon, “Increasing levels of awareness, although still low, have resulted in increasing customer demand and expectations when it comes to dispute resolution by ombud schemes. There are greater expectations of speed, simplicity and online assistance.”

Regulations at play

Legislative changes to the way financial ombud schemes work, as a result of the Financial Sector Regulations Act of 2017, also promise a more efficient consumer complaint mechanism; particularly with the in-principle agreement to merge OSTI with the Office of the Long-Term Insurance Ombudsman. Additionally, in terms of Chapter 14 of the Act, OSTI will also be required to report to the Ombud Council on trends that emerge from complaints received and how these trends are being dealt with and resolved. This will require OSTI to harvest more accurate data, a requirement spurring on significant improvements to its IT capabilities. The Act comes into effect on 1 September 2019.

These changes are squarely in line with global practices and mirror ombud schemes in other jurisdictions which put the consumer at the centre of amalgamation and streamlining efforts.

Concludes Teixeira-Mckinon: “The only way to participate in a constantly changing world is to find ways to connect. The less we change, the more siloed we become. Over the past year OSTI has had an opportunity to see different perspectives, get different points of view and come up with new ideas and approaches that will help it to become even more effective in a world that continues to change.”

KEY TAKEAWAYS

  • 65% of cases finalised within four months
  • 9779 formal complaints lodged
  • 4026 preliminary complaints received
  • 88 421 calls received by call centre
  • R87 250 982 in rand value resolved in favour of insured
  • 2% of complaints received related to motor insurance

The full report can be access here.

Subscriber Terms and Conditions

  1. APPLICATION OF TERMS
    • These terms and conditions (“Subscriber Terms”) apply to the subscription by any qualifying member of the South African Underwriting Managers Association NPC (“SAUMA”) to the services and benefits offered by FIA Services (Pty) Ltd (“FIA Services”) under the SAUMA affiliation arrangement (“Subscription”).

  2. NATURE OF SUBSCRIPTION
    • A Subscription under this arrangement:
      • does not constitute membership of FIA NPC;
      • does not confer any voting rights or governance participation in FIA NPC; and
      • is governed solely by the contractual relationship between the Subscriber and FIA Services.

  1. ELIGIBILITY
    • To qualify for the Subscription, the applicant must, at the time of application, be a current paid-up member of SAUMA.
    • FIA Services will verify the applicant’s SAUMA membership status with SAUMA prior to activation, and may re-verify such status periodically.
    • If a Subscriber ceases to be a paid-up member of SAUMA, the Subscription will correspondingly be terminated.
    • Applicants are required to authorise FIA Services to confirm their SAUMA membership status with SAUMA as part of the application process.

  1. SERVICES
    • The Subscription entitles the Subscriber to the following benefits:
      • Complimentary access to the FIA CPD Platform;
      • Complimentary access to the FIA Insight Magazine (digital edition);
      • Advertising opportunities on FIA platforms at a discounted rate of 15% (fifteen percent) off the prevailing published rates; and
      • Invitations to attend FIA Technical Webinars annually.
    • FIA Services reserves the right to update, vary or substitute the Services from time to time, provided that the overall value and nature of the benefits remain materially the same.

  1. FEES AND PAYMENT
    • The monthly subscription fee is R260.00 (two hundred and sixty rand) for up to seven registered individuals (Key Individuals and Representatives), and R36.00 (thirty-six rand) per additional registered individual thereafter, excluding VAT.
    • The Subscriber shall provide FIA Services with the required details of each individual to be registered under the Subscription for the purposes of activation and billing.
    • All fees are exclusive of VAT, which shall be charged at the prevailing statutory rate.
    • Subscription fees are reviewed annually in March and may be adjusted with effect from 1 April.
    • Any changes to the Subscription, including but not limited to the number of Representatives and Key Individuals registered under the Subscription, may only be effected once annually during the annual review period in March of each year, with such changes taking effect from 1 April.
    • Subscription fees shall be billed monthly in arrears, unless the Subscriber elects an annual billing cycle at the time of application.
    • The Subscriber shall ensure that all billing information (including contact details, authorised signatories and bank account details) is kept accurate and up to date.
    • Non-payment of subscription fees may result in suspension of access to the Services until such fees are brought up to date.
    • The Subscriber acknowledges and agrees that all subscription fees payable under these Subscriber Terms may be collected by way of debit order, which shall be processed by the holding company, FIA NPC (The Financial Intermediary Association of South Africa), on behalf of FIA Services. Payment to FIA NPC shall be deemed to constitute valid and sufficient discharge of the Subscriber’s payment obligations to FIA Services under these Subscriber Terms.

  1. ONBOARDING
    • Onboarding will be conducted as a Subscription with FIA Services under the SAUMA affiliation arrangement.
    • Onboarding will not confer FIA NPC membership status or any associated rights.
    • Onboarding is conditional on confirmation of the Subscriber’s current SAUMA membership at the time of application

  1. DATA PROTECTION
    • FIA Services will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) as set out in our POPIA policies.
    • By subscribing, the Subscriber authorises FIA Services to confirm their SAUMA membership status with SAUMA and to process personal information for the purposes of fulfilling the Subscription.

  1. TERMINATION
    • The Subscriber may terminate the Subscription by giving FIA Services one calendar month’s written notice.
    • FIA Services may terminate the Subscription on one calendar month’s written notice, or immediately if the Subscriber breaches these Subscriber Terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.
    • Termination of the SAUMA–FIA Services affiliation agreement shall not automatically terminate these Subscriber Terms.
    • Termination by the Subscriber shall not relieve the Subscriber of liability for any subscription fees accrued up to the effective date of termination.
    • FIA Services may suspend or terminate the Subscription with immediate effect in the event of non-payment of fees by the Subscriber.

  1. GENERAL
    • These Subscriber Terms are governed by the laws of the Republic of South Africa.
    • Any disputes arising under these Subscriber Terms shall be dealt with in accordance with the dispute resolution provisions contained in the FIA NPC membership terms and conditions, as modified to reflect that the contractual relationship is with FIA Services.
    • Any notices required under these Subscriber Terms may be validly delivered by email to the addresses provided in the Subscriber’s application form, and such notices shall be deemed received on the day of transmission if sent during business hours.
    • The Subscriber may not assign, cede or transfer any of its rights or obligations under these Subscriber Terms without the prior written consent of FIA Services.
    • No variation of these Subscriber Terms shall be of any force or effect unless reduced to writing and signed by both FIA Services and the Subscriber.