Andrew Hall, CEO of the ICA, highlighted the industry's concerns, stating, "Professional indemnity insurance is fundamentally the wrong instrument for the problem at hand." He further stressed the need for significant reforms to the CSLR to ensure its long-term sustainability, rather than relying on PI insurance to cover losses arising from high-risk investments.
The ICA's submission aims to clarify the role of PI insurance, noting that it is intended to protect professionals against claims of negligence or breaches of duty, rather than to act as a financial safety net for consumers. The council argues that expanding the role of PI insurance to fund consumer compensation could lead to increased premiums and potentially reduce the availability of coverage, as insurers may withdraw from the market.
In alignment with the ICA's position, the Financial Advice Association Australia also expressed concerns about the proposed use of PI insurance for the CSLR. The association noted that PI insurance is designed to cover misconduct, not investment losses or product failures, and that increasing obligations for PI insurance could adversely affect premiums and product availability.
These industry perspectives underscore the importance of addressing the underlying structural challenges of the CSLR. By focusing on comprehensive reforms, stakeholders aim to create a more sustainable and effective compensation scheme that does not place undue reliance on PI insurance, thereby ensuring better protection for consumers and stability within the insurance market.
