33Insurance intermediaries to give certain information

##### 33 Insurance intermediaries to give certain information (1) This section applies to an insurance intermediary other than an insurance broker. (2) Where an insurance intermediary has an authority from 2 or more insurers to arrange or effect contracts of insurance, the insurance intermediary shall, before arranging or effecting a contract of insurance, inform the intending insured of the name of the proposed insurer and of a place of business of the proposed insurer. (3) An insurance intermediary (other than an intermediary referred to in subsection (2)) who proposes to arrange or effect a contract of insurance shall: (a) subject to paragraph (b), inform the intending insured, before arranging or effecting the contract, of the name of the proposed insurer and of a place of business of the proposed insurer; or (b) if it is not practicable for the intermediary to comply with paragraph (a), inform the insured, as soon as reasonably practicable after the intermediary has arranged or effected the contract, of the name of the insurer and of a place of business of the insurer. (4) It is a sufficient compliance with so much of subsection (2) or (3) as requires the insurance intermediary to inform the intending insured or the insured of the name of the proposed insurer or of the insurer if, in relation to a proposed contract of insurance or a contract of insurance with Lloyd’s underwriters, or with Lloyd’s underwriters and others, the insurance intermediary informs the intending insured or the insured that the contract is to be, or has been, as the case may be, arranged or effected with “Lloyd’s”, or with “Lloyd’s” and other specified insurers, as the case may be. (5) In subsection (4), Lloyd’s underwriters has the same meaning as it has in the Insurance Act 1973. (6) If a proposed contract of insurance is to be arranged or effected, or a contract of insurance has been arranged or effected, by an insurance intermediary through another insurance intermediary (including another insurance intermediary who is an insurance broker), this section applies as if the proposed contract were to be arranged or effected, or the contract of insurance had been arranged or effected, as the case may be, by the first‑mentioned insurance intermediary otherwise than through the other insurance intermediary. Penalty: Imprisonment for 2 years. > Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.