Wpływ klauzul generalnych na proces zawierania umowy ubezpieczenia w świetle ustawy o dystrybucji ubezpieczeń
Impact of the general clauses on the process of insurance contract conclusion in the light of the Act on Insurance Distribution

Summary/Abstract: The article discusses the principles of assessment of the conduct of insurance distributors envisaged by the new regime on distribution of insurance, implementing the IDD. The author investigates the content of the criteria of honesty, fairness, and professional diligence, as well as of the duty to act in the best interests of customers. She argues that the adequate proposal of insurance contract should always be the result of the distributor’s conduct in a fair, reliable and professional manner. The above- mentioned clauses essentially coincide with the clauses of good faith, good manners and due diligence of the debtor in contract law. Despite the detailed regulation of the process of concluding insurance contracts, distributors’ remuneration and the conflict of interests, the general clauses will continue to play an important role. In particular, the clause of acting in the best interest of the customer has significantly extended the scope of the agent’s and multi-agent’s obligations towards their customers.

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