Advising commercial clients begins with knowing the client and establishing suitability: the adviser must understand the business, its risks and its insurable interests before recommending cover. For commercial motor and fleet, it is a criminal offence under the Road Traffic Act 1961 (s.56, as amended) to use a mechanically propelled vehicle in a public place without at least an approved third-party (liability) policy in force. On a compulsory Irish policy, third-party cover for death or bodily injury must be unlimited, while third-party property damage carries a statutory minimum of €1,300,000 per accident. The EU Motor Insurance Directive sets harmonised minimums (personal injury €1,300,000 per injured party or €6,450,000 per claim; property damage €1,300,000 per accident). The Motor Insurers' Bureau of Ireland (MIBI) compensates victims of uninsured and untraced drivers under its Agreement with the Minister for Transport.
Commercial property depends on correct insurable values and full presentation of information. Under the condition of average, if the sum insured is less than the value at risk the insured bears the shortfall and any claim is reduced proportionately (claim = loss × sum insured ÷ value at risk). Business interruption cover protects earnings following insured damage:
Other property-related covers include engineering (inspection and breakdown) and goods in transit. On liability, there is no statutory requirement in Ireland to hold employers' or public liability insurance (unlike the UK), yet employers owe common-law and statutory duties — under the Safety, Health and Welfare at Work Act 2005 (s.8) a duty to ensure safety 'so far as is reasonably practicable'. The Occupiers' Liability Act 1995 splits entrants into visitors, recreational users and trespassers. Public and products liability, and professional indemnity, complete the liability suite.
In the claims process, most personal injury claims must first go to the Injuries Resolution Board (medical negligence excepted); general damages follow the Personal Injuries Guidelines (effective 24 April 2021), and actions must generally commence within two years. Consumer-facing dealings are governed by the Consumer Insurance Contracts Act 2019.
1. Before recommending a commercial insurance policy to a business client, the Central Bank's Consumer Protection Code requires the retail intermediary to first do which of the following?
The Consumer Protection Code's suitability rules require intermediaries to gather enough information about the client's circumstances (a fact-find) before recommending a suitable product; issuing provisional cover, relying on accounts alone, or referring to underwriting without this fails the 'know your client' requirement. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025, effective 24/03/2026), 'Knowing the Consumer and Suitability' (fact-find requirements).)
2. Under the Central Bank's Consumer Protection Code, an incorporated body with an annual turnover of €3 million or less is treated as a 'consumer'. A limited company client had turnover of €2.4 million in its last financial year and is seeking commercial property and liability cover. How is this client generally treated for the purposes of the Code's protections?
The Code extends 'consumer' status to incorporated bodies with turnover of 3 million euro or less in the previous financial year, so a company with 2.4m turnover qualifies; the test is turnover-based, not headcount or distribution channel. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025, effective 24/03/2026), definition of 'consumer'; Consumer Insurance Contracts Act 2019, s.2 (€3m turnover).)
3. Under the Central Bank's Consumer Protection Code, an incorporated body is treated as a 'consumer' only where its annual turnover is €3 million or less. A manufacturing company had turnover of €4.5 million last year and wants to arrange employers' liability cover. Because its turnover exceeds this threshold, which consequence follows?
Once turnover exceeds the 3 million euro threshold, an incorporated body no longer meets the Code's definition of 'consumer', so the Code's consumer-specific protections do not apply; the firm can still be advised and insured commercially, and the adviser's competency obligations continue to apply. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025, effective 24/03/2026), definition of 'consumer' (turnover threshold); Consumer Insurance Contracts Act 2019, s.2.)
4. A sole trader arranging insurance in a personal/consumer capacity answers the insurer's proposal questions honestly and with reasonable care but does not think to mention an unrelated fact the insurer never asked about. Under the Consumer Insurance Contracts Act 2019, what is the legal position?
Section 8 of the 2019 Act abolished the consumer's duty to volunteer material facts, replacing it with a duty to answer the insurer's questions honestly and with reasonable care, so this proposer has complied. (Consumer Insurance Contracts Act 2019, s.8.)
5. A retail chain with turnover well above the Consumer Protection Code's incorporated-body threshold is arranging a commercial combined policy. Its facilities manager fails to mention a recent change of use at one premises, although the insurer never specifically asked about it. Which duty governs this situation?
The 2019 Act's lighter disclosure duty applies only to consumers; a large commercial policyholder outside that definition remains subject to the pre-existing common law duty of utmost good faith, requiring material facts to be volunteered even without a specific question. (Consumer Insurance Contracts Act 2019, s.8 (scope limited to consumers); common law duty of utmost good faith for non-consumer contracts.)
6. Under the rules transposing the Insurance Distribution Directive into Irish law, before a commercial policy is concluded, an insurance intermediary must specify which of the following to the client?
The Directive requires intermediaries to specify the customer's demands and needs before conclusion of a contract, so the recommendation is tailored to that client; commission totals and competitors' market-wide terms are not part of this requirement. (European Union (Insurance Distribution) Regulations 2018 (transposing Directive (EU) 2016/97) - demands-and-needs requirement.)
7. A broker is completing a fact-find for a new manufacturing client seeking a commercial combined policy. Which piece of information is most directly relevant to assessing the suitability of the sums insured proposed for the client's stock and machinery?
Suitability of sums insured depends on an accurate current valuation of the property at risk, since under-insurance can lead to a proportionate claim reduction under the condition of average; director numbers, payment method and marketing materials do not inform valuation. (Principle of indemnity and the condition of average (under-insurance leading to a proportionate claim reduction); standard commercial combined policy wording.)
8. Under the Central Bank's Consumer Protection Code, for how long must a regulated firm generally retain records relevant to a consumer, including fact-find and suitability documentation?
The Consumer Protection Code requires records supporting the suitability of advice to be retained for a minimum of 6 years; the shorter periods listed and an unspecified indefinite duty do not reflect the Code's actual minimum. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025, effective 24/03/2026), record-keeping requirements (6-year retention).)
9. A large commercial client, which does not meet the Consumer Protection Code's definition of consumer, is due to renew its property policy. Does the 20-working-day renewal notification requirement in the Consumer Insurance Contracts Act 2019 apply to this renewal?
The 2019 Act's renewal notification rule, including the 20-working-day requirement, applies to consumer insurance contracts; a large commercial client outside that definition is not covered by this specific statutory requirement. (Consumer Insurance Contracts Act 2019, ss.12 and 14 (scope: consumer contracts).)
10. In the context of a proposal for commercial insurance, a 'material fact' is generally described as one that would do what?
The established test for materiality is whether a fact would influence the judgement of a prudent underwriter assessing the risk and terms; the client's personal views, accounts content or embarrassment are not the legal test. (Common law 'prudent insurer' test for materiality, as applied in insurance contract law.)
11. A client's stated business activity on the fact-find is 'retail shop,' but during a site visit the adviser learns the client also carries out light assembly of goods on the same premises. What should the adviser do before recommending a policy?
Suitability depends on an accurate, current picture of the client's activities; an unrecorded activity could leave a coverage gap or ground a later non-disclosure dispute, so the fact-find and recommendation must be updated first. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025), 'Knowing the Consumer and Suitability' (accurate, current fact-find).)
12. During a fact-find, a client tells the adviser its annual wage roll is 'roughly 500,000 euro,' but the client's most recent accounts, provided separately, show payroll costs of 850,000 euro. What is the most appropriate next step for the adviser before using a wage roll figure to arrange employers' liability cover?
Where client information conflicts with other evidence, suitability obligations require the adviser to query and resolve the discrepancy rather than silently pick, average, or use an unconfirmed figure, since wage roll materially affects the basis and adequacy of cover. (Central Bank of Ireland, Consumer Protection Code — edition in force (CPC 2025), suitability and know-your-client obligations; wage roll as the basis of employers' liability cover (standard policy rating basis).)
13. In Ireland, is it a legal requirement for an employer to hold employers' liability insurance?
Ireland, unlike the UK, has no statutory requirement to hold employers' liability insurance; employers nonetheless owe duties of care under common law and legislation such as the Safety, Health and Welfare at Work Act 2005. (Contrast with UK Employers' Liability (Compulsory Insurance) Act 1969; Safety, Health and Welfare at Work Act 2005 (Irish employer duties of care; no compulsory EL insurance in Ireland).)
14. Under section 8 of the Safety, Health and Welfare at Work Act 2005, an employer's duty to ensure the safety, health and welfare of employees is qualified by which standard?
Section 8 imposes the duty 'so far as is reasonably practicable', a qualified rather than absolute standard, which underpins the negligence-based exposure that employers' liability insurance responds to. (Safety, Health and Welfare at Work Act 2005, s.8.)
15. An employee suffers a back injury while lifting stock during the course of employment, alleging that proper lifting equipment was not provided. Which class of insurance is designed to respond to the resulting liability claim?
Employers' liability insurance indemnifies an employer against legal liability for bodily injury suffered by its own employee arising out of and in the course of employment due to the employer's negligence; the other classes cover unrelated exposures or non-employee third parties. (Principle of employers' liability cover: indemnity for the employer's legal liability for employee bodily injury arising out of and in the course of employment; Safety, Health and Welfare at Work Act 2005.)
16. A customer visiting a client's shop slips on a wet floor and is injured; the shop's own staff are unaffected. Under which class of the client's commercial insurance would this claim most naturally fall to be considered?
A non-employee visitor's injury engages the occupier's common duty of care to visitors under the Occupiers' Liability Act 1995, insured under public liability; employers' liability responds only to claims by the insured's own employees, so the premises location alone does not make it an EL matter. (Occupiers' Liability Act 1995 (common duty of care to visitors); general principle distinguishing public liability (third parties) from employers' liability (own employees).)
17. Under the Occupiers' Liability Act 1995, into how many categories are entrants onto premises divided for the purpose of determining the duty of care owed, a distinction relevant to separating public liability exposures from an employer's liability to its own staff?
The 1995 Act divides entrants into visitors (owed the common duty of care), recreational users, and trespassers (both owed a lower duty); the older invitee/licensee split and the other groupings listed are not the categories used by this Act. (Occupiers' Liability Act 1995 (as amended).)
18. A newly qualified adviser assumes that Ireland operates a centralised database for tracing historic employers' liability insurers, similar to an arrangement that exists in the UK market. Is this assumption correct?
The UK's employers' liability tracing arrangement has no direct Irish equivalent; confusing Irish and UK arrangements is a common error, and the MIBI is a separate body dealing with uninsured/untraced motor claims, not EL tracing. (Irish market practice contrasted with the UK Employers' Liability Tracing Office arrangement (no direct Irish equivalent); Motor Insurers' Bureau of Ireland (separate body, motor claims only).)
19. The old common law defence under which an employer could avoid liability for an employee's injury caused by the negligence of a fellow employee (the doctrine of common employment) was abolished in Ireland by which piece of legislation?
The Law Reform (Personal Injuries) Act 1958 abolished the common employment defence in Ireland, removing a historic bar to employee claims arising from a co-worker's negligence; the other Acts deal with claims assessment procedure and general workplace safety duties, not this defence. (Law Reform (Personal Injuries) Act 1958 (Ireland).)
20. An employee is injured partly due to the employer's negligence and partly due to the employee's own failure to follow a safety instruction. Under the Civil Liability Act 1961, how is the employee's damages award typically affected?
The Civil Liability Act 1961 provides for apportionment of damages according to each party's degree of fault, so contributory negligence reduces rather than automatically extinguishes or inflates the award. (Civil Liability Act 1961, s.34 (contributory negligence apportionment).)
21. An employee intends to bring a personal injury claim against their employer following a workplace accident. Before court proceedings can generally issue, to which body must the claim first be submitted?
Most personal injury claims, including workplace injury claims, must first be submitted to the Injuries Resolution Board (formerly PIAB) for assessment before court proceedings can issue; the FSPO, Central Bank and HIA deal with unrelated matters. (Personal Injuries Assessment Board Act 2003, as amended; rebranded as the Injuries Resolution Board under the Personal Injuries Resolution Board Act 2022.)
22. An employee claims that a workplace injury was mismanaged by the employer's occupational health nurse, amounting to clinical negligence in the treatment provided. Does this claim need to be first submitted to the Injuries Resolution Board?
The requirement to apply to the Injuries Resolution Board before litigation has a principal exception for claims involving alleged medical/clinical negligence, which can proceed directly to court; the Health Insurance Authority has no role in personal injury claims handling. (Personal Injuries Assessment Board Act 2003 (medical negligence exception).)
23. Within how long of the date of accrual of the cause of action (or date of knowledge, if later) must a personal injury action generally be commenced in Ireland?
The general limitation period for personal injury actions is two years from accrual or date of knowledge, whichever is later; the other periods listed apply to other classes of claim, not the standard personal injury period. (Statute of Limitations (Amendment) Act 1991, as amended by the Civil Liability and Courts Act 2004, s.7.)
24. The Personal Injuries Guidelines, which courts and the Injuries Resolution Board must have regard to when assessing general damages, replaced which earlier instrument?
The Personal Injuries Guidelines, adopted by the Judicial Council and effective from 24 April 2021, replaced the Book of Quantum as the reference for assessing general damages; the other instruments are unrelated conduct or prudential codes. (Personal Injuries Guidelines adopted by the Judicial Council under the Judicial Council Act 2019.)
25. An employee is injured as a passenger in the employer's van when a fellow employee, driving in the course of employment, negligently causes a road traffic accident. The employer is alleged to be vicariously liable for the driver's negligence. Which policy would typically respond to this liability, rather than the employer's general employers' liability policy?
Employers' liability policies generally exclude liability arising from the use of motor vehicles where compulsory motor insurance is required, so that exposure sits with the commercial motor policy, under which an injured employee-passenger is a covered third party. (Road Traffic Act 1961 (compulsory motor insurance for vehicle use); standard employers' liability policy wording excluding liability for which compulsory motor insurance is required.)
26. Under the Road Traffic Act 1961 (as amended), it is a criminal offence to use a mechanically propelled vehicle in a public place in Ireland unless which minimum level of insurance cover is in force?
Section 56 of the Road Traffic Act 1961 requires at least an approved third-party policy; comprehensive or third-party-fire-and-theft cover exceed, rather than define, the legal minimum. (Road Traffic Act 1961, s.56 (as amended))
27. For a compulsory motor policy in Ireland, what is the position on the level of third-party cover for death or bodily injury compared with third-party property damage?
Irish law requires unlimited personal injury cover, with a statutory floor of €1,300,000 per accident for property damage; the other options invert or wrongly cap these figures. (Road Traffic Act 1961 (as amended); EU (Motor Insurance) Regulations transposing Directive 2009/103/EC as amended by Directive (EU) 2021/2118)
28. Directive (EU) 2021/2118, which amends the Motor Insurance Directive, sets harmonised EU minimum guarantee amounts for personal injury arising from motor accidents. What are these minimum amounts?
The Directive sets the EU floor at €1,300,000 per injured party or €6,450,000 per claim regardless of the number of victims; the first option simply reverses the two figures. (Directive (EU) 2021/2118 amending Directive 2009/103/EC)
29. A road traffic accident in Ireland injures five people under a single motor policy that provides exactly the cover required by Irish law for a compulsory motor policy. What is the maximum amount available to meet the combined personal injury claims of the five victims?
Irish statutory motor cover for personal injury must be unlimited, which exceeds the EU Directive's €6,450,000-per-claim floor; the other options mistakenly apply the EU minimum as if it were the Irish domestic requirement. (Road Traffic Act 1961 (as amended); Directive (EU) 2021/2118)
30. A commercial vehicle causes €1,450,000 of third-party property damage in a single accident, with no personal injury. The fleet policy provides exactly the Irish statutory minimum required for a compulsory motor policy. How much of this property damage loss is covered under that statutory minimum?
The statutory floor for third-party property damage is €1,300,000 per accident, so only that amount is guaranteed under the compulsory minimum; average is a property-policy underinsurance condition, not a motor property-damage limit, and €6,450,000 is the personal injury aggregate, not the property figure. (Road Traffic Act 1961 (as amended); EU (Motor Insurance) Regulations)
31. Which body is responsible for compensating victims of road traffic accidents in Ireland caused by uninsured or untraced drivers?
MIBI compensates victims of uninsured and untraced drivers under its Agreement with the Minister for Transport; the FSPO, Injuries Resolution Board and Central Bank perform different functions. (MIBI Agreement (Motor Insurers' Bureau of Ireland))
32. The Motor Insurers' Bureau of Ireland provides compensation to victims of uninsured and untraced drivers under an Agreement with which party?
MIBI operates under its Agreement with the Minister for Transport, not with the Central Bank, the Minister for Justice, or Insurance Ireland, which is a trade body rather than the contracting party. (MIBI Agreement with the Minister for Transport)
33. A haulage company operates 40 goods vehicles and wants to insure them all under a single commercial motor arrangement rather than 40 separate individually rated policies. Which feature is most characteristic of the fleet policy it is likely to be offered?
A defining feature of fleet rating is a single schedule and renewal date with premium based on overall fleet claims experience; certificates of insurance are still required per vehicle and statutory minima always apply regardless of the rating basis. (Insurance Institute of Ireland, Commercial General Insurance (CIP-04) textbook — fleet motor insurance)
34. A company's goods vehicle is insured for carriage of its own goods only. The driver uses the vehicle to carry goods for a third party in return for payment, and the vehicle is damaged in an accident during that job. What is the likely outcome for the own-damage claim under the motor policy?
Own-damage cover typically only responds within the insured class of use, and carrying goods for hire or reward outside that class is a recognised ground for declining an own-damage claim; a policy remains in force, so referral to MIBI does not arise. (Insurance Institute of Ireland, Commercial General Insurance (CIP-04) textbook — commercial motor classes of use)
35. What is the purpose of the International Motor Insurance Card (Green Card) commonly issued to Irish commercial motor policyholders?
The Green Card evidences that compulsory minimum cover extends to use of the vehicle abroad; it does not replace the domestic certificate, indicate the class of cover, or register anything with MIBI. (Insurance Institute of Ireland, Commercial General Insurance (CIP-04) textbook — International Motor Insurance Card)