Application
This endorsement attaches to and forms part of the Meridian Financial Services Professional Indemnity Insurance wording, version 1.1.0-DRAFT (document reference 2026/FS/0001), referred to here as the base wording. It changes the base wording only as set out below. All other terms, conditions, exclusions and limits of the base wording continue to apply.
Words defined in the base wording have the same meaning in this endorsement. Where this endorsement and the base wording conflict, this endorsement applies to the extent of the conflict.
The same terms are published as a single integrated wording, Financial Advisers Professional Indemnity Insurance, version 1.1.0-DRAFT. Both documents are generated from the same source and have the same effect.
Replaced: Professional services
The definition of Professional services in the base wording is deleted and replaced with the following.
Professional services
The following services, provided for a fee or other remuneration, to the extent that you are authorised to provide them under the Australian financial services licence shown in the schedule, or as an authorised representative of the licensee shown in the schedule:
(a) personal and general advice on, and arranging or dealing in, approved products, including superannuation, self-managed superannuation funds, managed investments, securities, life risk insurance and retirement income products;
(b) financial planning strategy advice on investment, superannuation, retirement, estate planning, debt and cash flow, including where the strategy does not involve a particular financial product;
(c) advice to switch from a financial product that is not an approved product to an approved product;
(d) advice to continue holding a financial product, or to reduce or dispose of it, whether or not it is an approved product;
(e) tax (financial) advice provided by a qualified tax relevant provider; and
(f) any other service shown in the schedule as a professional service.
[WP REVIEW: confirm that limiting professional services to services "provided for a fee or other remuneration" is intended. RG 126 may expect cover for advice that is not paid for, or that is given before an engagement is confirmed.]
Added: Approved product
The following definition is added to the base wording, after the definition of AFCA.
Approved product
A financial product that, when the advice was given or the service provided:
(a) was on the approved product list maintained by the licensee shown in the schedule, under its approval process; or
(b) had been researched and approved in writing by the licensee for the particular client, under that process.
The licensee's approval process is its documented process for researching, approving, reviewing and removing financial products before they are recommended to clients.
If the schedule states that the licensee does not maintain an approved product list, every financial product that you are authorised to advise on is an approved product.
Advice to acquire a financial product that is not an approved product is not a professional service. This is so even if the claim alleges that the licensee did not follow its approval process. Paragraphs (c) and (d) of the definition of professional services, which deal with switching and holding advice, are not affected.
[WP REVIEW: confirm with the underwriter, and against RG 126, that limiting cover to approved products is compatible with the cover RG 126 expects, in particular where the claim alleges that the approval process was not followed.]
Added: Product Issuer Failure
The following exclusion is added to the base wording, after the Investment Performance exclusion.
Product Issuer Failure
For loss caused solely by the insolvency, fraud or failure of the issuer or operator of a financial product, or of a platform or custodian, that you did not control.
This exclusion does not apply to a claim that your advice to acquire, switch to or continue to hold the product was negligent or was given in breach of your duties, including a best interests duty, where that advice is a professional service.
Added: Market Participants
The following exclusion is added to the base wording, after the Product Issuer Failure exclusion.
Market Participants
Arising from your activities as a participant of a licensed financial market or clearing and settlement facility, including executing orders on a market for clients.
This exclusion does not apply to advice to buy or sell a financial product, or to arranging for a market participant to execute a client's order.
Financial Advisers Endorsements
The following endorsements apply to this policy only when the schedule shows that they apply.
An endorsement does not apply to the extent that it would exclude cover that ASIC Regulatory Guide 126 requires the policy to provide. Those covers are:
- AFCA determinations, and AFCA conciliated or negotiated amounts we consented to (see the AFCA Determinations extension);
- your liability for the conduct of your representatives (see the Representatives extension);
- your liability for the fraud or dishonesty of your officers, employees and representatives (see the Claims Against You clause);
- defence costs payable in addition to the limit of liability (see the Defence Costs provision);
- one automatic reinstatement of the limit (see the Automatic Reinstatement provision); and
- retroactive cover to the start of your continuous series of cover (see the definition of Retroactive date).
[WP REVIEW: confirm this list of covers against the current RG 126.]
Managed Discretionary Accounts Exclusion
We do not cover any claim, loss or liability arising from your operation of a managed discretionary account service, including investment decisions you make for a client without the client's instruction on each transaction.
This endorsement does not apply to advice to a client to use a managed discretionary account service operated by someone else.
Questions
- Do you operate a managed discretionary account service?
qs.fs.fa.mda
Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)
- When
qs.fs.fa.mda = yes: Refer to the underwriter, with the endorsement pre-selected
Reason shown on the quote and schedule: Applies because you operate a managed discretionary account service.
Geared Investment Advice Sub-limit
For all claims arising from advice to borrow to invest, including margin lending and geared investment strategies, the most we will pay in total, including defence costs, is the sub-limit shown in the schedule for this endorsement. The sub-limit is part of, and not in addition to, the limit of liability.
Questions
- What percentage of your clients have a geared investment strategy or margin loan that you recommended?
qs.fs.fa.geared_pct
Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)
- When
qs.fs.fa.geared_pct > 10: Suggest to the underwriter (quote not held)
Underwriter responses (on a referral or suggestion): Attach; Attach with amended sub-limit; Do not attach
Reason shown on the quote and schedule: Applies because {qs.fs.fa.geared_pct}% of your clients have geared investment strategies.
Related Products Exclusion
We do not cover any claim, loss or liability arising from advice to acquire a financial product that is issued, operated or promoted by you, a representative, or a related party, or in which you or a related party hold an ownership or profit-sharing interest.
Questions
- Do you, any representative, or any related party issue, operate or promote financial products that you recommend, or receive any benefit from them other than client-paid advice fees?
qs.fs.fa.related_products
Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)
- When
qs.fs.fa.related_products = yes: Refer to the underwriter, with the endorsement pre-selected
Underwriter responses (on a referral or suggestion): Attach; Attach with special excess; Attach with premium loading; Do not attach; Decline risk
Reason shown on the quote and schedule: Applies because you recommend products issued or promoted by you or a related party.
Named Products Exclusion
We do not cover any claim, loss or liability arising from advice to acquire, switch to or continue to hold a financial product named in the schedule for this endorsement.
Questions
- Have you or any representative advised a client to acquire, switch to or hold the Shield Master Fund, the First Guardian Master Fund, or any other product now subject to mass complaints or regulatory action?
qs.fs.fa.named_products_exposure
Default rules (the first rule that matches applies; agencies may set their own actions and thresholds)
- When
qs.fs.fa.named_products_exposure = yes: Refer to the underwriter, with the endorsement pre-selected
Underwriter responses (on a referral or suggestion): Attach; Attach with special excess; Do not attach; Decline risk
Reason shown on the quote and schedule: Applies because you advised clients on a product subject to known mass claims.
Comments on this wording