Administration of Insurance Intermediaries in Lithuania – Obligation to Disclose Information
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Abstract
The Insurance Mediation Directive was adopted in 2002. Its aim was twofold: to protect consumers through the establishment of professional requirements for insurance intermediaries, and enhance cross-border activity through a single passport. Probably the main requirement for insurance intermediaries is to disclose information. Therefore, the aim of this article is to analyse the way that the supervisory authority of insurance market administers the activities of the insurance intermediary within the scope of information disclosure to the clients.
According to Resolution No. N-69 of the Lithuanian Insurance Supervisory Commission dated 22 February 2011, information shall be disclosed in due time – the insurance intermediary shall familiarise the client with the provisions of the insurance product and provide the client with information in writing or such other form, as requested and accepted by the client (except orally) prior to conclusion of the insurance contract with the client as well as to ensure that the client has sufficient time to familiarise with the aforementioned information. Moreover, prior to the conclusion of any specific contract, the insurance intermediary shall at least specify, in particular on the basis of information provided by the customer, the demands and the needs of that customer as well as the underlying reasons for any advice given to the customer on a given insurance product.
However, the question arises whether a resolution is the most effective way to implement the provisions on how the supervisory authority should publicly administer the activities of insurance intermediaries. Moreover, one might argue whether Lithuania should implement stricter rules of information disclosure for the insured.
According to Resolution No. N-69 of the Lithuanian Insurance Supervisory Commission dated 22 February 2011, information shall be disclosed in due time – the insurance intermediary shall familiarise the client with the provisions of the insurance product and provide the client with information in writing or such other form, as requested and accepted by the client (except orally) prior to conclusion of the insurance contract with the client as well as to ensure that the client has sufficient time to familiarise with the aforementioned information. Moreover, prior to the conclusion of any specific contract, the insurance intermediary shall at least specify, in particular on the basis of information provided by the customer, the demands and the needs of that customer as well as the underlying reasons for any advice given to the customer on a given insurance product.
However, the question arises whether a resolution is the most effective way to implement the provisions on how the supervisory authority should publicly administer the activities of insurance intermediaries. Moreover, one might argue whether Lithuania should implement stricter rules of information disclosure for the insured.
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