Stosowanie art. 18 ust. 1 i 2 ustawy z dnia 11 września 2015 r. o działalności ubezpieczeniowej i reasekuracyjnej przez towarzystwa ubezpieczeń wzajemnych
Application of Article 18(1) and (2) of the Insurance and Reinsurance Activity Act of 11 September 2015 by Mutual Insurance Companies

Summary/Abstract: Article 18(1) and (2) of the Act of 11 September 2015 on insurance and reinsurance activityintroduced a ban on remunerating the policyholder and persons representing the policyholderin insurance on someone else’s account for offering insurance cover or for actions related tothe performance of insurance contracts. The reason for such legal regulation was to eliminatea market practice which enabled the policyholder to receive fees or other benefi ts for actions related to providing insurance cover under contracts on someone else’s account (mainly groupinsurance) or to the performance thereof.Although said provision applies to insurers operating in various forms, mutual insurancecompanies implementing the principle of mutuality in their activities may account for the profi tgenerated in the insurance history. Pursuant to Article 18(1) and (2) of the Act, the ban toreceive remuneration or other benefi ts applies exclusively to insurance actions specifi ed bythe legislator, i.e. to (i) offering and/or (ii) performing an insurance contract. The payment orsettlement of a positive insurance result does not constitute a benefi t for the insured referredto in said provision. Therefore, the ban does not apply in such situation, however this does notmean that the obligation to settle accounts with persons who actually bear the cost of insuranceprotection may be ignored.

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