Constitution
1. The Specialist Interest Group shall be called the LIABILITY Specialist Interest Group of The Chartered Institute of Loss Adjusters
Definitions
2. Words in this Constitution referring to the Royal Charter and the Bye-Laws of The Chartered Institute of Loss Adjusters have the same meaning as the definitions in the Charter and Bye-laws.
Institute means The Chartered Institute of Loss Adjusters
Council means the Council of The Chartered Institute of Loss Adjusters
Group means the LIABILITY Specialist Interest Group of The Chartered Institute of Loss Adjusters
Office Holder means, in the singular, the Chairman, Deputy Chairman or, if so appointed, a Vice Chairman of the LIABILITY Specialist Interest Group of The Chartered Institute of Loss Adjusters
Member means a person admitted to membership of The Chartered Institute of Loss Adjusters
Group Member means a person admitted to membership of the LIABILITY Specialist Interest Group of The Chartered Institute of Loss Adjusters
FSA means the Financial Services Authority
ABI means the Association of British Insurers
Objectives
3. The objectives of the Group shall be:
To provide a centre of excellence in the field of Insurance Claims to enhance the reputation and standing of the Institute
To establish the Institute and its Group members as stakeholders on behalf of the Insurance Industry in the handling of LIABILITY claims
To represent the interests of those members who specialise in this particular area of claims
To provide a focal point for issues relating to the core discipline of the Group
The setting and publishing of technical guidelines and recommendations (including technical bulletins) for the handling of claims in its own discipline, in conjunction with others
To respond to technical enquiries referred to the Group by the Institute’s SIG and Technical Committee, and the provision of expert advice from which the SIG and Technical Committee can draw advice
To liaise with and promote the Institute within related insurance and other groups on issues of common interest
To provide an annual conference/seminars/training workshops either independently or with others. Events to take place throughout the country, where possible, and, if appropriate, in conjunction with other industry specialist interest groups, or with other Institute Groups. Every effort should be made to ensure that these events are self-funding.
To produce regular updates for the membership as a whole via the Institute’s publications and website
To produce publicity material in liaison with the Media & Web Committee/Institute Executive
To provide access to Institute members for projects of common interest requiring co-operation between individuals/companies, and the provision of coordination between these members
To recommend and endorse minimum standards for the handling of claims within the context of Regulation and the Institute’s Guide to Professional Conduct
To promote the above to the market as a whole and provide a vehicle for liaising with other Specialist Interest Groups, and organisations with common interests and values.
To do all such things as are necessary to advance the achievement of the objectives
To provide technical assistance as necessary to examiners and members of the Accreditation Panels
To agree and manage a budget for the successful running of the Group
All of the above to be taken to a level that promotes Chartered Loss Adjusters as the resource of choice for the handling of insurance and other claims on a non-competitive basis.
Accountability
4. All Group Members are bound by the Charter and Bye-Laws and Guide to Professional Conduct as published by the Institute.
Individuals and employees of companies acting on behalf of businesses regulated by the FSA are required to be competent following defined and audited processes and to comply with the ABI/CILA joint protocol in relation to FSA regulation.
The Group should not duplicate the requirements of the Institute or the regulatory standards required for FSA compliance. The Group is not intended to prevent competition between or the promotion of individual businesses.
Any media item specifically relating to the Group or Institute must be referred to the Institute for approval prior to publication
Any matters relating to the setting of policy relevant to the Institute or its members must be confirmed by the President of the Institute.
Where activities require finance, the Group is accountable to Council and appropriate approval sought and accounts maintained.
The Group Management Committee will undertake technical work and make representations on appropriate matters in accordance with its objectives on behalf of members. The Group’s Management Committee is accountable to Council for the provision of an agreed level of support to Members, and for the proper disbursement of income assigned to the Group. The Group’s Management Committee will not be held responsible either jointly or severally or individually for the management of the Group’s budget, which will be underwritten by the Institute.
Any actions taken by the Management Committee members in the discharge of their obligations will be deemed to be within the auspices of the Institute and be protected by insurances held by the Institute. The Institute will provide a copy of the current Professional Indemnity insurance cover to the Management Committee, and the Institute will be deemed to be responsible for the maintenance of that cover.
The Group’s Management Committee will report to Council at least annually on the activities of the Group for inclusion in the Annual Report of the Institute.
The Group’s Management Committee will report to Group Members on a regular basis.
Management of the Specialist Interest Group
5. An inaugural meeting of the Group will be arranged at a suitable time and place to form an initial Steering Committee to establish a Management Committee during its first year, which will include a member of Council until such time as the Management Committee becomes established as determined by the Technical and SIG Committee.
Election of Council Representative
6. Following establishment, at the Inaugural and subsequent Annual Meetings of the Group, as required, nominations shall be sought for the position of Group Representative on Council from those who have registered as members of the LIABILITY Group. Elections will be held biannually, as required. Rules for elections are in accordance with the Institute’s Charter and Bye-Laws. Group Representatives on Council shall hold office for two years and must not already hold any position on Council nor necessarily be Chairman or Deputy Chairman of the Group.
Selection of the Management Committee
7. The elected Council Representative shall be charged with the selection of
appropriate representatives from within the membership of the Group to serve on the Management Committee. The composition and duration of service shall be as detailed within this constitution. Reappointment after the defined term shall be at the sole discretion of the elected Council Representative.
Composition of the Management Committee
8. The Management Committee shall consist of at least six Group Members, with no more than two Members from any one company, and it shall have the power to co-opt up to four additional Committee members from the Group membership for such period as the Committee shall determine, up to a maximum co-opted term of two years.
Appointment to the Management Committee (Period and Rules)
9. Appointment to the Management Committee shall be for a period of two years commencing at the conclusion of the Group’s Annual Meeting of the year of formation and expiring on conclusion of the Annual Meeting two years later. Rules are in accordance with the Institute’s Charter and Bye-Laws. Any Group Member, who is also a member of another Specialist Interest Group, is only eligible to be appointed to one Management Committee. Members of the Management Committee must be able to demonstrate an active ongoing interest in LIABILITY.
Election of Chairman and Deputy Chairman
10. At the first meeting following the Inaugural and subsequent Annual Meetings of the Group in alternate years, the Management Committee shall by simple vote elect a Chairman and Deputy Chairman who shall hold office for two years. The Offices shall be restricted to members of the Institute. No member shall serve as Chairman or Deputy Chairman for more than two consecutive terms of two years in each of these Offices.
Incapacity of Office Holder
11. In the event of the resignation, death or incapacity of the Chairman or Deputy Chairman, the Management Committee shall appoint one of their number, to fill the vacant Office at its next convenient meeting, and the appointed Officer shall then serve until the date the Officer who vacated the Office would have retired from Office. This shall not be the case in relation to the Group Representative on Council as a formal election shall be necessary.
Management Committee Meetings
12. The Management Committee shall meet at least twice in each calendar year on such occasions as it considers necessary, but no interval between meetings shall exceed six calendar months. A minimum of three or one half of the Committee membership for the time being shall form a quorum. At least five working days notice must be given of meetings. Voting at meetings will be by simple vote, and in the event of equal voting the Chairman shall have the casting vote in addition to his or her original vote. Minutes shall be kept of the proceedings of all meetings, and, when approved by the Committee, shall be sufficient evidence of the facts recorded. A copy of all minutes will be circulated to Council.
Cessation of Committee Membership
13. A Member of the Management Committee will cease to be a Member of the Committee:
a) on termination of his or her period of office if he or she does not stand for re-appointment;
b) on termination of a period of co-option if not re co-opted;
c) if he or she ceases to be a Member of the Group;
d) if his or her resignation from the Committee, which may be submitted at any time, is accepted by the Committee;
e) if he or she is absent for three or more consecutive meetings without the Committee’s approval;
f) if an adverse finding by the Institute’s Professional Conduct Committee is made against him or her.
If a vacancy arises, the Management Committee shall decide whether it should hold a special meeting to agree the appointment of a member of the Group to fill the vacancy.
Removal of a Committee Member or Members from Office
14. The Group may by a resolution passed by a majority of Group Members voting (in person or by proxy) at a meeting specially convened for the purpose, remove any Member of the Management Committee from office. Notice of the proposal to remove a Committee Member from Office must be sent to the Chairman or Deputy Chairman of the Group supported in writing by at least 50% of the Group Members. The Chairman or Deputy Chairman shall, within one calendar month of receipt of such notice, convene a meeting on a suitable date, giving at least one month’s notice. The notice of the meeting shall include the motion proposing the removal of the Member concerned from Office, and may, if he or she so wishes, include that Member’s response in not more than 300 words; he or she shall also have the right to speak at the meeting. Such a meeting shall, if convenient, be held on the same day and immediately following the Annual Meeting.
Annual Report and Meeting
15. The Management Committee will approve for distribution to the Group’s Members, or posting on the Institute’s website, an Annual Report on the Group’s activities. The Chairman will convene an annual meeting of the Group’s Members to receive the Annual Report of the Group, and to consider such other business as is appropriate and relevant to the Group’s affairs.
Group Membership
16. Admission.
(a) Any non CILA Member may be admitted as a Group Member on payment of the current subscription of the Group. The Subscription level will be set by the Group and subscriptions administered by the Institute.
(b) Any member shall need to demonstrate an ongoing interest in LIABILITY on a direct or indirect basis.
(c) No Member may join more than five Specialist Interest Groups at any one time
(d) Any non Member of the Institute may be admitted at the invitation of the Management Committee, such invitation to be reviewed annually
(e) All members are expected to be active participants.
17. Exclusion from Membership. A Member of the Group will be excluded from Group Membership if he or she:
a) is excluded from Membership of the Institute
b) fails to pay the subscription due to the Group within 90 days of the due date; unless the Management Committee in its absolute discretion is satisfied that there is a reasonable excuse.
c) Fails to actively participate within the Group
A Member may resign from the Group at any time.
Facilities, Services and Support
18. In meeting its objectives, the Group may produce such publications, courses, conferences and other products and services as it considers necessary within budgetary constraints.
19. The Management Committee may also endorse for the use of its members such courses, conferences, publications and other products and services as it considers suitable to meet the professional and technical needs of Group Members.
Consultation
20. The Management Committee shall take such measures as it considers necessary to consult other Group Members on matters of facilities, services and support from time to time. The Group shall consult other Institute Committees on relevant matters where the Group considers this would be appropriate to achieve the Group’s objectives.
Amendment of the Constitution
21. The Management Committee may propose amendments to this Constitution for the consideration of Council. In the event of Council wishing to amend the Constitution other than on the recommendation of the Management Committee, the Management Committee shall be given the opportunity to discuss such changes and to represent its views to Council before any changes are approved. Any Group Member, with the support in writing of at least 50% of other Group members, may submit to the Annual Meeting a motion seeking a change to the Constitution. If approved by the meeting, the change will be submitted to Council for consideration and, if agreed, approval.
