Ireland Terms of Business

Who is Clements Worldwide?

Clements Insurance Services Limited, trading as Clements Worldwide, is an insurance broker. Based in Dublin and part of a wider group of companies which were founded in 1947 in Washington DC.

In this document we refer to Clements Insurance Services Limited as ‘Clements’, ‘we’, ‘our’ and ‘us’. All communication you receive from us will be in the English language and the laws of Ireland will apply to your policy and the Irish Courts will have jurisdiction.

We are committed to providing a high quality service and safeguarding the interest of our customers.

Who is Clements Regulated and Authorised By?

Clements Insurance Services Limited, trading as Clements Worldwide, hereafter known as “Clements’’.

Clements is subject to the Consumer Protection Code 2012, which offers protection to consumers. The Consumer Protection Code can be found on the Central Bank of Ireland’s website www.centralbank.ie.

Clements is authorised as an insurance intermediary under the European Union (Insurance Distribution) Regulations 2018 and this can be verified via https://registers.centralbank.ie.

What is This Document?

This document outlines important information about how Clements conducts business. By proceeding with your policy through Clements you agree to the Terms of Business set out herein. If there is anything you are unsure of, do not hesitate to contact us.

What Services Does Clements Offer?

Clements provides many insurance products, but these terms relate specifically to motor insurance. The product is exclusively arranged and administered by Prestige Underwriting Services Limited and underwritten by AXA Insurance dac or by Liberty Seguros, Compania de Seguros y Reaseguros, S.A., trading as Liberty Insurance.

What Information Do I Need to Disclose to Clements?

In order to provide you with a quote and the correct level of policy cover, we will ask you questions in order to acquire relevant information from you. A failure to answer these questions honestly and with reasonable care, either when requesting a quote or subsequently, could lead to the following:

  • avoidance of your insurance contract by the insurer
  • a refusal of your claim
  • you may encounter difficulty in purchasing insurance elsewhere in the future

An insurer may refuse a claim made by you under a contract of insurance where there is a change in the subject matter of the contract of insurance, including as described in an “alteration of risk” clause, and the circumstances have so changed that it can properly be said by the insurer that the new risk is something which, on the true construction of the policy, it did not agree to cover.

Any clause in a contract of insurance that refers to a “material change” (e.g. change of address, vehicle, occupation, driver etc.) shall be interpreted as referring to changes that take the risk outside that which was within the reasonable contemplation of the contracting parties when the contract of insurance was concluded. If you’re not sure what facts are important, please ask.

Consumer and Insurer Duties

The consumer must cooperate with the insurer in an investigation of insured events, including responding to reasonable requests for information in an honest and reasonably careful manner, and must notify the insurer of the occurrence of an insured event in a reasonable time frame. The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. The insurer is under the same duty.

If the consumer makes a false or misleading claim in any material respect and knows it to be false or misleading or consciously disregards whether it is the insurer is entitled to refuse to pay and to terminate the contract. Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer advising that they are avoiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of the claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.

If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have 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 amount is more than €40,000

How Long are Clements Quotes Valid For?

All of our quotes are valid for 30 days. All quotes and cover are subject to underwriter acceptance criteria.

Is There a Cooling Off Period?

All of the insurance policies Clements sell have a cooling off period.

What this means is that, if you decide to cancel your policy in the first year of insurance within 14 days of receiving your documents or start date (whichever is later) you are entitled to a refund for the period of the cover that has not been used. A refund will be issued providing no claims have been made. If you cancel your policy after the cooling off period, the amount charged by the underwriter will be deducted before your refund is issued. After the cooling off period, the amount charged at policy inception/renewal for these products will be deducted before a refund is issued.

You may cancel your policy at any time by contacting us at ireland@clements.com.

In the event that you cancel your motor insurance policy, you must return your insurance certificate and disc to Clements Worldwide, Alexandra House, 3 Ballsbridge Park, Ballsbridge, Dublin 4, Dublin, D04 C7H2, Ireland, within 7 days of your cancellation in line with the requirements of the Road Traffic Act (S.I. No. 355/1984 – Road Traffic (Insurance Disc) Regulation, 1984).

What is the Duration of My Policy?

Your policy duration will be outlined by us in the policy schedule and/or insurance certificate and disc and/or renewal notice.

Can I Make a Change to My Policy?

Yes, you can make mid-term adjustments to your policy. Please email ireland@clements.com to advise of the date of cancellation. 

Mid-term adjustment charges will be calculated on current rates at the time of the change. All mid-term adjustments are subject to acceptance criteria by our underwriters.

What If I Want to Cancel My Policy?

You may cancel your policy at any time by contacting us at ireland@clements.com.

In the event that you cancel your motor insurance policy, you must return your insurance certificate and disc to:

Clements Worldwide
Alexandra House
3 Ballsbridge Park
Ballsbridge, Dublin 4
Dublin, D04 C7H2, Ireland

Please note: Cover will cease from the date you have your car insurance policy cancelled by an insurer.

What Happens If I Default on My Payment?

Clements reserve the right to cancel your policy. If we are going to cancel your policy we will contact you. Clements will initiate cancellation of your policy if we do not receive payment of the premium due at inception, renewal or mid-term adjustment in a timely manner, if you do not return required documentation to us within the necessary time frame, non-disclosure of relevant information or if the insurer imposes cancellation.

Can I Get Replacement Documents?

Yes, Clements can issue you with replacement documents.

What Charges May I Be Subject To?

All premiums quoted by Clements will include the government levy and policy fees as outlined below.

Personal Insurance FeesFee
New Business and Renewal FeeUp to €100
Mid Term Adjustment or Cancellation FeeUp to €75
Duplicate Documentation FeeUp to €25
See the Remuneration & Fees document.

What If There is a Conflict of Interest?

We wish to avoid any conflict of interest when providing services to our customers. Sometimes however an unavoidable conflict may arise. If such conflict arises we will write to you to outline the nature of the conflict.

Can I Make a Complaint?

Yes, Clements would like to hear from you if you have a complaint. This helps us resolve any issues you may have had and also helps us improve our services. If you would like to make a complaint, please contact us at complaints@clements.com or in writing to:

Clements Worldwide
Alexandra House
3 Ballsbridge Park
Ballsbridge, Dublin 4
Dublin, D04 C7H2, Ireland

We have a comprehensive complaints procedure in place to ensure your complaint is dealt with appropriately. We will acknowledge each complaint within 5 business days unless it has been resolved to your satisfaction. The complaint will be investigated fully, and you will be provided with an update on the progress of the complaint at intervals of no more than 20 business days. A full written response will be issued within 5 business days of completing the investigation. If we do not resolve the complaint within 40 business days, we will update you on the time frame we expect to have the investigation complete. Our complaints process is designed to ensure your complaint is addressed, but if you are not satisfied with the outcome of our investigation or how we have dealt with your complaint, you may refer your case to:

Financial Services and Pensions Ombudsman
Lincoln Place
Dublin 2, DO2 VH29
www.fspo.ie

Clements retains the right to withdraw its services, refuse to offer a new policy and/or renew an existing one at our discretion.

Is Clements a Member of the Investor Compensation Company? 

Yes, Clements is a member of the Investor Compensation Scheme (under section 38(a) of the Investor Compensation Act 1998). This provides that be payable where money or investment instruments owed or belonging to clients and held (or in the case of investment instruments) administered or managed by us cannot be returned to those clients for the time being and there is likelihood of us not being able to do so. Where an entitlement of compensation is established, the compensation payable will be 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act 1998 up to the maximum of €20,000.

www.investorcompensation.ie

You can find Clements via the register: https://www.investorcompensation.ie/participant-firms/firm-details.204.html?ifid=152cca56-b65f-49fe-b380-0ed8031c7442.

Is Clements a Member of Brokers Ireland?

Yes, as a member of the Brokers Ireland, Clements is also a member of the BI Compensation Fund Ltd. Subject to the rules of the scheme the liabilities of its member firms, up to a maximum of €100,000 per client (€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 ICCL (established by law) has failed to adequately compensate any client of the member.

Data Protection

Clements is committed to processing your personal data in a fair, lawful, and transparent manner, in accordance with the General Data Protection Regulation and other applicable Data Protection legislation. For more information about how we process your personal data, and your data protection rights, please visit https://www.clements.com/privacy/privacy-policy/ or via the footer of our website.

How Can You Raise a Data Protection Complaint?

If you wish to raise a complaint on how we have handled your personal data, please contact us by email, compliance@clements.com or in writing to:

Clements Worldwide
Alexandra House
3 Ballsbridge Park
Ballsbridge, Dublin 4
Dublin, D04 C7H2, Ireland

or by completing and submitting the online Subject Access Request (SAR) form.

Alternatively you can lodge a complaint with the Office of the Data Protection Commissioner, Canal House, Station Road, Portarlington, Co Laois, R32 AP23.

https://www.dataprotection.ie/

Ongoing Access to Privacy Policy

We will provide a notice of our privacy policy annually, as long as you have a continuing customer relationship with us. This policy may change from time to time, but you can always review our current policy by visiting our Web site at clements.com or request a copy of your information by contacting us at our offices below:

Washington DC icon.

Washington, DC

Clements & Co.

1220 L Street NW, Suite 1200
Washington, DC 20005

+1.202.872.0060

+1.800.872.0067
UK insurance icon.

London, UK

Clements Europe Limited*

1st Floor
67 Lombard St
London
EC3V 9LJ

+44(0) 33.0099.0104
Gibraltar insurance icon.

Gibraltar

Unit 243.01
World Trade Center
6 Bayside Road
Gibraltar, GX11 1AA

+00350 57826000

+00350 54716000
Ireland insurance icon.

Dublin, Ireland

Alexandra House
3 Ballsbridge Park
Ballsbridge, Dublin 4
Dublin, D04 C7H2, Ireland

International: +353 1 9645098

In Ireland: +1800 44 99 33