Other contractual considerations
Hold Cover Authority
Under a line slip, in line with longstanding market practice, Brokers may sometimes be given authority to ‘hold cover’ on behalf of managing agents. This means that:
- A broker may be permitted to confirm cover to the policyholder, provided the Agreement Parties have quoted a premium and finalised all contractual terms and conditions for that risk.
- The Agreement Parties may impose additional pre-conditions for the broker to resolve before cover is provided.
Managing agents should remain vigilant in monitoring the use of hold covered clauses.
While the practice of ‘hold covered is widely accepted, the broker must not be permitted without appropriate coverholder approval, to:
- Vary the premium quoted by the Agreement Parties.
- Alter contractual terms and conditions set by the Agreement Parties.
- Modify any pre-conditions set by the Agreement Parties.
- Issue policy documentation
Master/Group policies
Master policies/Group policies must not be written by line slips and this should be documented in the line slip agreement.
Drop-Down Leaders and Alternative Leaders Arrangements
A drop-down arrangement is a provision in a line slip that allows another insuring party, other than the original named lead (i.e. a follower on the line slip), to underwrite a risk or group of risks in place of the specified claims lead. Lloyd’s expects this provision to be triggered only when the named lead is unable to write the risk, such as when the maximum line has already been committed through another placement.
In contrast, an alternative leaders arrangement allows for multiple named leaders on the line slip. In this scenario, the broker may approach any of the named leaders at the outset, while those not chosen to lead a particular risk would still be bound as part of the follow market. Managing agents should be aware that increasing the number of potential leaders can make due diligence more complex and may reduce visibility for the follow market regarding risks written under such arrangements. Lloyd’s encourages managing agents to exercise caution and maintain effective communication throughout the lifecycle of the line slip to ensure sufficient underwriting and claims information is available to all parties.
Where drop-down leaders or alternative leaders are utilised, their operation must be carefully considered. These arrangements should be clearly documented, ensuring transparency for all participating managing agents, and must be legally certain. Their use should be suitably limited to acceptable circumstances.
Under both arrangements, following managing agents should assess:
- Their comfort level with the number of drop-down or alternative leaders and their capabilities.
- The potential for adverse selection before entering into the agreement.
- The variation in line sizes depending on which leaders decline a risk.