Legal Risk in Insurance Intermediarys Activity in Poland

Abstract

The aim of the article is to identify legal risk and key areas and factors to determine the activity of insurance intermediaries in Poland, who conduct their activity in conditions defined by both hard and soft law regulations. The author mainly focuses on such activities of insurance intermediaries that are directly related to insurance distribution. Legal risks cover events that create uncertainty about the realization of hazards resulting from legal environment in a broad sense, which constitute a threat to the entity conducting activities aimed at achieving concrete economic targets. From the point of view of an insurance intermediary acting as an insurance distributor, legal risks together with compliance risk seem to be crucial from the perspective of the threat level and possible consequences thereof. The protection against the effects of these risks requires taking appropriate steps in the risk management process adopted by individual companies. These activities are hindered by a variety of negative phenomena occurring on the insurance market, including the overregulation and legal instability. The implementation of the compliance idea and the legal risk management program by an entity conducting brokerage and agency activities mitigates the risk of illegal practices, and consequently reduces threats arising from areas generating legal risks.