OBLIGATIONS, RESPONSIBILITIES AND PROFESSIONAL LIABILITY OF INSURANCE INTERMEDIARIES

Insurance mediation is very complex, so it is understandable to have a variety of questions, such as those relating to the legal nature of mediation contracts, the rules applicable to the intermediaries’ civil liability and liability insurance. Intermediary’s obligations that are legally established are such that they far exceed characteristic intermediary’s obligations in classical mediation contracts, which raises the question about the contract type. Specificity and complexity of the matter requires appropriate legal regulation of insurance intermediaries’ professional liability that would ensure legal certainty of intermediaries and other interested parties. The author points out that it is necessary to apply uniform conditions to insurance to provide minimum insurance cover. Insurance intermediaries’ professional liability is mandatory; therefore, it is not acceptable for insurance companies to conduct it based on conditions containing significant differences, especially with regard to exclusions from insurance that mostly limit it. The author points out that many of the questions raised during implementation of our regulations concerning insurance mediation cannot be answered without a good knowledge of the European Union law and the law of its Member States.

Key words: insurance mediation, insurance intermediary, insurance mediation contract, insurer, insured, intermediary’s liability, insurance terms and conditions