These Terms of Business set out the terms under which our firm will provide General Insurance and Financial Services business services to you. It details the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure to read these terms thoroughly and if you have any queries, please contact us at the above address and we will be happy to clarify any questions you may have. If any material changes are made to these terms, we will notify you, at the earliest opportunity. We commit to providing you with an excellent and professional level of service. We believe in acting only in the best interests of our clients to ensure that a relationship as important and fundamental as ours is maintained for life.
Central Bank of Ireland Authorisation
Goggin Insurances is regulated by the Central Bank of Ireland under the Investment Intermediaries Act, 1995 (as amended) and the European Union (Insurance Distribution) Regulations, 2018. Our Central Bank reference number is C1443. Copies of our Authorisations are available on request; alternatively, the Central Bank of Ireland holds registers of regulated firms which can be viewed on their website www.centralbank.ie. We are registered as a credit intermediary by the Competition and Consumer Protection Commission under the Consumer Credit Act, 1995.
Goggin Insurances is subject to the Consumer Protection Code, the Minimum Competency Code 2011 and the Fitness and Probity Standards. These Codes offer protection to consumers and can be found on the Central Bank of Ireland website www.centralbank.ie.
As an Insurance Intermediary we provide advice in relation to General Insurance and Life Assurance products and services including pensions and investments. We do not guarantee nor make representations in regard to, and expressly disclaim responsibility for the financial security of Insurance Companies and Product Producers with which we place business. Goggin Insurances are members of Brokers Ireland.
General Insurance Services
Inception & Renewal
We provide advice in relation to the following general insurance products: Household, Motor, Commercial, Public Liability and Employers Liability. Depending on your instructions we can advise you in relation to the products of the Insurance Companies and Product Producers listed in Appendix 1 and we will work on your behalf to negotiate competitive renewal terms on your insurance cover. We offer general insurance services based on a fair analysis of the market which means that we request quotes and research the product offerings of a number of providers before making a recommendation as to which is most suitable for your needs.
We will also offer assistance to you in relation to processing claims, on policies taken out through with our firm. This assistance is provided either directly by our staff and/or with the assistance of an appointed loss assessor.
Important Notice: To ensure continuity of cover, where you have an existing policy which is due to expire and we have been unable to contact you, we may put continuing cover in force whilst awaiting your instruction. You will be liable for any premiums payable to the relevant insurer for the period of time between renewals and when we receive your instruction. You have the right not to avail of this service and should advise us accordingly.
If you require credit terms, we may be able to arrange finance on your behalf, our list of Credit Finance appointments is listed in Appendix 1. Alternatively, a monthly direct debit facility (if available) may be operated by the insurance company. We cannot accept instalments paid to our office.
Life Assurance, Investments & Pensions
Life Assurance companies provide many products such as Life Cover, Specified Illness cover, Income Protection, Savings, Investments, Pensions and PRSA’s. Depending on your individual circumstances, we may provide you with advice in relation to any of these products and recommend product(s) that are suitable for your needs. With your agreement, we may review the policies you take out on a periodic basis to ensure you are kept informed as to their benefit and to check whether they are still suitable for your needs. We will also provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policies. While Goggin Insurances considers the approach taken by Life Companies in terms of integrating sustainability risks into their product offering, as we have selected one preferred provider for Investment Products, analysis when choosing a suitable investment product for you will be limited to products provided by Irish Life Assurance PLC. However, should you specifically seek a financial product which has sustainable investment as its sole/specific objective, and no such product is available from the range of products offered by Irish Life PLC, Goggin Insurances will conduct analysis of the product offerings available from other insurance undertakings, lenders and product producers with whom Goggin Insurances hold written appointments.
Goggin Insurances hold written appointments with the following Life Assurance companies.
Aviva Life and Pensions
Irish Life Assurance PLC
New Ireland Assurance
Standard Life Assurance
Goggin Insurances has selected one preferred product producer, Irish Life Assurance PLC, for life insurance plans (including life assurance, specified illness cover, income protection cover, unit linked savings, investments and pension plans), tracker bonds and personal retirement savings accounts (PRSAs). Analysis of the market will be limited to products provided by Irish Life Assurance PLC. However, in the event that Irish Life is unable to accept a particular plan in relation to life assurance, pension or investment we will place your business elsewhere if possible.
Conflict of Interest
It is the policy of Goggin Insurances to avoid conflicts of interest in providing you with general or life insurance and services and we take all reasonable steps to do so. If this is not possible, we will notify you in writing before providing you with any product or service and if you do not wish to continue because of the conflict we will not proceed with the product or service. .
Goggin Insurances has a written complaints procedure for the effective handling of all complaints. We will acknowledge receipt of your complaint in writing within 5 working days. A written update will be issued to you every 20 days by a nominated individual within our firm. A comprehensive response to your complaint will be issued within 40 business days of receipt of your initial complaint. In the event of failure to resolve your complaint you may raise the matter with the Financial Services & Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2. 01 5677000. www.fspo.ie. Our full Complaints Procedure is available on request
Failure to Pay or Default
Our firm will exercise its legal rights to receive payments due to it from clients for business services provided. In particular, without limitation of the generality of the foregoing, the firm will seek reimbursement for all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client. Insurers and other product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged for you. We refer you to policy documents or product terms for the details of such provisions.
Disclosure of Information
In order to comply with legal and regulatory requirements, before we provide any regulated financial services, we are obliged to request such information and documents from you as we consider necessary. We are also obliged to keep a record of this information. Should you not provide the information requested, we may not be able to provide any services to you.
In entering in to or renewing an insurance policy you are required to answer all questions posed by us or the insurer honestly and with reasonable care. Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged. An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.
Completed proposal forms or Statements of Facts will be provided to you. These are important documents as they form the basis of insurance contract between the insurer and you the consumer. You should review and confirm that the answers contained are true and accurate.
Commercial Customers: Non-Consumer Disclosure of Information
For commercial customers that are non-consumers (i.e. have turnover of >€3m), it is essential that, at renewal ,you should bring to our attention any material alteration in risk such as changes of address or use of premises. Any failure to disclose material information may invalidate a claim and render your policy void.
Premium Handling & Receipts
When receiving and transmitting orders in relation to insurance policies Goggin Insurances may accept payment from clients payable to itself where an insurance undertaking has invited renewal of a policy of insurance, or the proposal for insurance has been accepted by an insurance undertaking. A Section 30 receipt is issued for all monies received. In relation to any credit due to you, this will be refunded to you by way of a company cheque unless otherwise requested by you i.e., by Electronic Fund Transfer (EFT). In the event that your credit is up to and including €20 this will be refunded to you by Electronic Fund Transfer.
Remuneration and Charges
General Insurance: Goggin Insurances is remunerated by the Insurance Companies and Product Producers to whom orders are transmitted for new business, on renewal of existing business and/or based on the levels of business introduced; remuneration details are available on request. A full list of the commission arrangements we have in place is maintained by the firm and is available for inspection or review at our offices at 48 Dublin Street, Balbriggan, Co. Dublin. The firm will charge you a fixed fee or a percentage of the insurance premium and levies for the following services provided: We also charge an administration fee of €30 for any mid term adjustments.
Scale of Fees
Policy Alterations /Cancellations
Up to Max €100
Up to Max €100
Up to Max €100
Up to Max €100
Up to Max €100
Up to Max €100
Up to 50% of Premium
Up to 50% of Premium
Up to 50% of Premium
Supplementary Charges: Should a particular project or circumstance require us to charge any additional fees, they will be specifically advised in advance. The calculation of such charges will be based on various factors such as, though not limited to the complexity of matters under consideration, any commission payable (including none) by Insurers, time spent, qualification levels and numbers of personnel involved.
Please note that some insurance companies may collect our administration charge on our behalf for direct debit policies. We reserve the right to amend these fees should the complexity of the product/service require a higher fee or in the event that the product/service provided is not remunerated by a product producer in the usual way. In such circumstances we will confirm and agree the fee with you at the time of providing the service. A summary of the details of all arrangements for any fee, commission other reward or remuneration paid or provided to us which have been agreed with product providers is available in our office or on our website www.goggin.ie
On settlement of your account, we will forward to you all documents showing ownership of your policy i.e., Motor Certificate & Disc and Policy Schedules. Where a series of transactions are involved, we will normally hold each document until the series is complete and then forward them to you.
Credit Intermediary: As a credit intermediary we may be remunerated by the premium/credit finance provider for arranging finance on your behalf.
Life Assurance, Investments & Pensions: Goggin Insurances is remunerated by the Insurance Companies to whom orders are transmitted. Summary details of these payments will be included in a product information document which you will receive before an application form for a product is completed, and full details will also be included with your cooling-off letter.
: . For complex case we may charge a fee, if that will be the case, we shall advise you of these charges in advance and before business is transacted the fees that will apply are as follows.
Senior Financial Adviser €200 per hour.
General Staff €75 per hour.
Goggin Insurances complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2016. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. Your data will be passed to the relevant product producers with whom Goggin Insurances has agencies for the purpose of arranging general or life insurance policies on your behalf. Your data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice and Data Protection Policy and Procedures. This information will only be used to provide you with the contracted business services, to meet any legal and regulatory obligations and for legitimate business reasons. From time to time, we would like to send you information about other products and services, provided by us or associated companies with which we have a formal business arrangement, which we think may be of interest to you. We would like to contact you by letter, email or a telephone call. We will not do so without your consent which is requested in the permissions statements contained in The Terms of Business Client Acknowledgement Letter attached. You have the right to ask us not to send you this marketing material and at any time you can “opt out” of receiving marketing material.
You have the right at any time to see or request a copy of any personal data within the meaning of GDPR that our office holds about you and to have any inaccuracies in that information corrected. Please contact us at firstname.lastname@example.org if you have any queries about your personal data.
We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided; taking steps to keep it secure and to ensure it is used only for legitimate purposes. To fulfil these objectives, we may share information with other affiliated professionals.
Investor Compensation Scheme
We are members of the Investor Compensation Scheme established under Section 38 of the Investor Compensation Act 1998. The Act provides that compensation shall be paid to eligible investors (as defined in the Act) to the extent of 90% of an investor’s net loss or €20,000, whichever is the lesser and is recognised as being eligible for compensation. We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its members firms up to a maximum of €100,000 per client (or €250,000 in aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request
The following is a list of Insurance undertakings we have letters of appointment with:
Alan Tierney & Partners Ltd
Motor Insurance Services
New Ireland Assurance
AON Insurance Company
ARB Underwriting Ltd
AVIVA Life & Pensions
Patrona Underwriting Ltd
Standard Life Assurance
Covercentre Insurance Ltd
The Underwriting Exchange
Thomond Underwriting Ltd
Friends First Life Assurance Company
Wealth Options Ltd
Willis Towers Watson
Wrightway Underwriting Ltd
Hickey Clarke & Langan
Irish Life Assurance Ltd
ISURE Underwriting Ltd
Jardine Lloyd Thompson
Kennco Underwriting Ltd
The following is a list of credit providers we can arrange credit with:
Premium Credit Limited
These Terms of Business are effective from 4th July 2023
Declan & Barry Goggin t/a Goggin Insurances is regulated by the Central Bank of Ireland.
I/We acknowledge and confirm that I/we have been provided with a copy of the Terms of Business of Declan & Barry Goggin T/A Goggin Insurances and that I/we have read through, understand and consent to these terms.
I/We acknowledge and confirm that I/we have been provided with a copy of the Privacy Notice of Declan & Barry Goggin T/A Goggin Insurances and that I/we have read through and understand the document contents.
If you do not wish to be contacted via direct marketing please tick:
We are in the process of updating your records, can you please advise us of the following:
Important Information about the Consumer Insurance Contracts Act 2019
The consumer Insurance Contracts Act 2019 (“CICA”) was introduced to increase protection for consumers entering into contracts of insurance – whether the insurance is for house, car, health or travel (“general insurance”) or for life insurance which including mortgage protection, income protection, serious illness cover and insurance based investment products such as pensions and investment products. CICA applies to “consumers” which includes private individuals and business that have turnover of less than €3m.
CICA is being implemented in 2 parts in September 2020 and September 2021. CICA will apply to new contracts of insurance entered into after 1 September 2020 e.g. car or home insurance renewal after 1 September 2020 or a new life insurance policy entered into after that date.
What you need to know
The main changes brought about by CICA that should be aware of are summarised below. Insurance companies are obliged to reflect CICA requirements and changes in their policies and as your (broker/adviser) we should draw your attention to them also.
Change to “Insurable Interest” requirement: It has been a standard requirement that in order to make a claim on an insurance policy the person making the claim must have “an insurable interest” in the policy. Put simply, insurable interest means that the person making the claim must suffer a financial loss or certain other kinds of losses arising from the loss or damage to what is insured. So, for example, you have an insurable interest in your house or in the life of your partner/spouse but you do not have an insurable interest in your next door neighbour’s house. Under CICA a claim cannot be rejected simply on the basis that the consumer does not have a valid interest in the subject matter of the insurance contract at the time the contract was entered or at the time of the loss. A policyholder will still be required to demonstrate loss in order to make a valid claim and, in an exception to the change, a consumer may be required to have an interest in the subject matter of a contract of insurance where that insurance contract is a contract of indemnity1.
Cooling Off Period: Under CICA consumers now have the right to cancel insurance policies within 14 days of the contract of insurance being concluded. In order to do this, consumers must give notice in writing. It is important to note that prior to CICA consumers already have the benefit of a 30 day cooling off period in respect of life policies, and 14 days of general insurance policies that were sold on a non-face to face basis (distance sales). The CICA cooling off right does not apply to life insurance contracts with a duration of less than 6 months or general insurance contracts with a duration of less than a month. Insurance companies cannot impose charges for cancelling a policy, but they are entitled to the portion of the premium that was due between the policy being issued and cancelled.
Post contractual rights and duties: Consumers are required to pay premiums within a reasonable time (which is typically specified at point of sale or in the policy) of the insurance contract being entered into. CICA allows an insurer to include an “alteration of risk” policy in a contract, which may be used as grounds for declining a claim. This clause would cover circumstances where there has been such a material change to the risk insured that, on the true construction of the policy, the insurer did not agree to cover that risk. An example of a material alteration of risk might be building a wooden extension to a house close to a forest where there is history of forest fires and not informing the insurer.
Claims Handling – duties of insured and insurer: Consumers are required to cooperate with the insurer in the investigation of claims, including by responding to reasonable requests for information in an honest and reasonably careful manner; and to notify claims in a reasonable time. Both consumers and insurers are obliged to share any material information about the claim they become aware of after the claim is submitted. Insurers cannot reject claims solely on the grounds that they were notified late. Insurers are required to handle claims promptly and fairly, to engage fully with the consumer including providing an opportunity to the consumer to submit relevant evidence which could inform the insurer’s determination as regards the claim. Insurers are required to inform consumers of the amount a claim has been settled for and the reason(s) for its being settled or so disposed of in the way it was. Insurers must pay any agreed settlement promptly. Claims that are either wholly or partly based on information that are false or misleading entitle the insurer to cancel the insurance contract and reject the claim.
Property claims –withholding of claim proceeds pending completion of works: Where there is a provision in a policy whereby the insurer is not obliged to pay the full amount unless and until, the repair, replacement or re-instatement work involved has been completed and specified documentation has been furnished to the insurer; the claim settlement deferment amount cannot exceed 5% of the claim settlement amount where the claim settlement amount is less than €40,000, or 10% of the claim settlement amount where the claim settlement is more than €40,000.
Pre-Contractual and Renewal Duties of Consumer and Insurer: The pre-contractual duty of disclosure of a consumer is confined to providing responses to questions asked by the insurer and the consumer is not under any duty to volunteer any information over and above that required by such questions. Previously the consumer was under a duty to disclose any information that might be relevant. At renewal consumers are no longer under an obligation to provide the insurer with any additional information in relation to changes unless the insurer asks specific questions on paper or on another durable medium or requests the consumer to update information previously provided. Consumers are under a duty to respond honestly and with reasonable care
Proportionate Remedies for Misrepresentation: In the event that a consumer is found to have misrepresented a fact that comes to light at a later date when a claim is made by the consumer there are three possible outcomes. If the misrepresentation was innocent the insurance company must pay the claim. If the misrepresentation was negligent (i.e. the consumer did not take due care in answering questions raised), the insurance company must do what they would have done if they had been aware of the full facts. If the misrepresentation was fraudulent (i.e. deliberate and intended to mislead) the insurer can refuse the claim and void the contract.
Renewal of Contract of Insurance: Renewal notices will now include details of up to the previous 5 years’ premiums and claims history. The number of years’ history will depend on the number of years you have been with your insurer.
Please note that information above is provided for general guidance only, it is not legal advice. If you are uncertain about whether any of the changes in CICA apply to your personal circumstances please bring these to my/our attention and I/we will assist of we can. We may however direct you to the insurer or suggest that you get legal advice.
1*A contract of indemnity basically involves one party promising the other party to make good its losses. These losses may arise either due to the conduct of the other party or that somebody else. To indemnify something basically means to make good a loss.
DATA PRIVACY NOTICE
Declan Goggin & Barry Goggin trading as Goggin Insurances is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the General Data Protection Regulation 2016 (GDPR) in relation to not only processing your data but ensuring you understand your rights as a client. This privacy notice explains when and why Goggin Insurances collects personal data, how it is used, the condition under which it may be disclosed to others and how it is kept secure.
Who we are
We are Goggin Insurances and we are an Insurance Intermediary. As an Insurance Intermediary we provide advice in relation to General Insurance and Life Assurance products and services including pensions and investments. We are also a credit intermediary which means that we can, on request, introduce you to a provider of premium finance.
For the purposes of GDPR Goggin Insurances is the data controller and our contact details are:
GDPR Owner: Barry Goggin
Address: 48 Dublin Road, Balbriggan, Co. Dublin
Telephone: 018 730600
Your privacy is important to us. If you have any comments or questions regarding this statement,
please contact us on the details provided above.
What personal information do we collect and why?
We collect data about you when you apply for our services and for products provided by product providers with whom we have an agency agreement. Data is collected only to provide you with our services, to open accounts with product providers, or to arrange products with them, and to comply with relevant laws and regulations,
Data is retained and processed to provide you with one of our services, and to comply with relevant laws and regulations, including internal operating procedures and compliance checks.
We may collect data under a number of categories, including:
Identification & Contact Information, including your Name, Date of Birth, Gender, Marital Status, PPS Number, Address, Email Address, Home Phone Number, Work Phone Number, Mobile Number
Financial Details & Financial Information, including your Occupation, Job Title, Total Remuneration, Employment Details, Existing Pension Benefits, Employer Name, Bank Details, Tax Residence, your Income, Assets and Liabilities including savings and investments and loans.
Health information such as information about your health status, medical records and medical assessment outcomes. We may also process certain special categories of information, for example information about your personal characteristics (biometric information) or disability information
Pensions Benefits information such as current benefits, pension entitlement information, date of retirement and any relevant matters impacting your benefits such as voluntary contributions
When we collect sensitive personal data as defined within the GDPR, such as health information, we will ensure that we require this information, and that we have your explicit consent and/or authorisation prior to our collection.
Information we automatically collect.
Our lawful basis
We need to ensure that we process your personal data lawfully. We rely on the following legal grounds to collect and use your personal data:
To provide the service(s) we have contracted to provide to you;
To comply with a legal or regulatory obligations such as e.g. the requirement to carry out anti-money laundering customer due diligence for life insurance products;
To protect our legitimate interest
Where we collect, sensitive personal data such as health information we can only do so on receipt of your explicit consent. We may also rely on your consent to send direct marketing information to you. We will ensure that we present this to you concisely. We will also ensure that we use clear and plain language and if you give us your consent, you can withdraw this easily at any time.
The consent for the lawful basis for controlling and processing (i.e. collecting, storing & using) your personal information is given when you apply for our services and/or products of our product providers and enter into a contract with us to provide you with services.
We also have a legal obligation to control and process your personal information to comply with Central Bank of Ireland regulations and other legislative and regulatory requirements, for which you also give consent when you agree to our Terms of Business.
Sharing your data
We will keep your personal data confidential but may pass it on to third-party services contracted to
Goggin Insurances in the course of dealing with you, including insurance companies we have agencies with. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide on our or your behalf.
We may also share your data with regulatory and other governmental bodies where required by or
under any enactment or rule of law or court order, including, but not limited to, the Revenue Commissioners, An Garda Siochana, the Companies Registration Office, the Financial Services & Pensions Ombudsman or the Central Bank of Ireland.
If we transfer personal data to a third party or outside the EEA, we as the data controller will ensure
the recipient (processor or another controller) has provided the appropriate safeguards and on condition that enforceable data subject rights and effective legal remedies for you the data subject
are available. We do not currently transfer personal data outside of the EEA.
What are your rights around data?
At any point while we are in possession of or processing your personal data, you, the data subject,
have the following rights:
Right of access – you have the right to request details of and/or a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review: In the event that Goggin Insurances refuses your request under rights of access, we will provide you with a reason why.
All of the above requests will be forwarded on should there be a third party involved as we have indicated in the processing of your personal data.
How long do we hold personal information for?
We retain personal information for only as long as we are required to or to provide the service(s) you have asked us to provide or to comply with regulatory or legal obligations. Our default retention period, in line with regulations and statutory requirements, is currently 6 years following the cessation of a client relationship.
Personal data will be disposed of securely.
If you have a complaint
If you wish to make a complaint about how your personal data is being processed by Goggin Insurances or how your complaint has been handled, you have the right to lodge a complaint with our GDPR Owner whose contact details are provided above.
You also have the right to complain to the Office of the Data Protection Commissioner at:
Data Protection Commission
21 Fitzwilliam Square South,