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Urgent Enforcement Amended Final

FMG Admits Misleading Statements, Pays $2.1 Million Penalty

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Filed February 9th, 2026
Detected March 18th, 2026
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Summary

FMG Insurance Limited has admitted to fair dealing breaches under the Financial Markets Conduct Act, following an FMA investigation. The company will pay $2.1 million in lieu of a pecuniary penalty and has remediated affected customers.

What changed

The Financial Markets Authority (FMA) has announced that FMG Insurance Limited (FMG) has admitted to making misleading representations regarding its insurance products, specifically concerning "Specified Items" and "Indexation" adjustments. These breaches of fair dealing provisions under the Financial Markets Conduct Act led to customers being charged for benefits already covered or incorrect inflation adjustments. FMG has agreed to pay $2.1 million in lieu of a pecuniary penalty and has already undertaken remediation efforts, including refunding overcharged premiums and claim top-up payments to affected customers.

This enforcement action highlights the critical need for financial institutions to ensure their representations to customers about policy terms, benefits, and adjustments are accurate and consistent with policy wording. Regulated entities, particularly in the insurance sector, should review their sales practices, renewal statements, and policy administration processes to prevent similar misleading conduct. While FMG has already remediated customers, this case underscores the FMA's commitment to enforcing fair dealing provisions and the potential for significant financial penalties and reputational damage for non-compliance.

What to do next

  1. Review customer representations for accuracy regarding insurance product benefits and adjustments.
  2. Verify that premium calculations and policy adjustments align with policy terms and conditions.
  3. Assess and implement remediation for any identified instances of misleading statements or overcharging.

Penalties

$2.1 million penalty

Source document (simplified)

Back 09 February 2026

FMG admits to making misleading statements and makes payment of $2.1 million

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MR No. 2026 – 4

FMG Insurance Limited and Farmers’ Mutual Group (together, FMG) has admitted to fair dealing breaches and, as well as remediating customers, has agreed to pay $2.1 million in lieu of a pecuniary penalty, pursuant to an enforceable undertaking.

Following an investigation by the Financial Markets Authority (FMA), FMG has admitted making misleading representations in relation to certain of its insurance products, breaching fair dealing provisions of the Financial Markets Conduct Act.

The FMA’s investigation followed a self-report by FMG and focused on two long running issues: customers being charged for specified items that provided no additional insurance benefit and incorrect inflation adjustments applied to sums insured.

FMA’s Head of Enforcement, Margot Gatland, said, “Insurers must ensure their representations to customers about cover, premiums, adjustments, and policy benefits are accurate, clear, and consistent with policy terms. Following our investigation, we determined that FMG’s representations to customers were false or misleading and caused customer harm.”

Specified Items

Between 2012 and 2024, some FMG customers with Household Contents policies were charged additional premiums for specified items even though those items were already covered under the general contents Sum Insured, meaning the specification provided no additional benefit.

From 1 April 2014 to 2024, 3,904 customers were affected, and have now been paid remediation of about $1,936,000 in overcharged premiums (including GST and use of money interest). FMG also made five claims top up payments totalling about $6,000 (including GST).

FMG acknowledges that it made misleading representations about the need to specify items and the additional cover customers would receive, breaching sections 22(d) and 22(g) of the FMC Act.

Indexation

Between 2013 and 2024, FMG applied annual flat rate increases to certain customers’ maximum insurance limits (Sums Insured), even where policies suggested such adjustments would be inflation-based  or no longer contained an inflation clause at all. These adjustments, which were inconsistent with policy wording, resulted in tens of thousands of customers being over or undercharged.

A total of 54,642 customers were affected between 1 April 2014 and 2024, with around 26,000 customers due a refund as a result of overcharged premiums and 480 customers paid claim top up payments.  FMG’s remediation for this issue totalled about $3,380,000 (including GST and use of money interest).

FMG made representations in renewal statements that inflation adjustments had been applied and premiums calculated in accordance with the policy terms, and that FMG had the right to charge those amounts. FMG now admits these were false or misleading representations, breaching sections 22(d), 22(f), and 22(h) of the FMC Act.

Ms Gatland acknowledged FMG’s cooperation and its commitments outlined in the enforceable undertaking that it will strengthen systems and rewrite policy wording to prevent recurrence.

“The FMA will continue to prioritise fair customer outcomes and take action where misleading conduct occurs in the financial services sector,” said Ms Gatland.

Ends

Download FMG Enforcement undertaking [330KB]

Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
fma
Filed
February 9th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Insurers
Geographic scope
National (New Zealand)

Taxonomy

Primary area
Financial Services
Operational domain
Compliance
Topics
Consumer Protection Insurance

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