Prawo Asekuracyjne最新文献_第4页

Legal Regime of Insurance Outsourcing 保险外判的法律制度

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5729

B. Bartkiewicz, Aldona Wnęk

{"title":"Legal Regime of Insurance Outsourcing","authors":"B. Bartkiewicz, Aldona Wnęk","doi":"10.5604/01.3001.0013.5729","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5729","url":null,"abstract":"Following the Solvency II Directive, the detailed rules for delegating own activities to external providers by insurance and reinsurance undertakings have been introduced into the insurance law regime, including the requirements regarding the contents of agreements under which the outsourced services are provided (outsourcing contracts). As institutions of public trust, insurance undertakings should perform their functions properly and safely for customers. Hence, the requirements for outsourcing certain activities and functions constitute an important element of the insurance company management system. Insurance outsourcing is subject to disclosure obligations, and is supervised by the Polish Financial Supervision Authority (KNF). \u0000The article discusses legal provisions specifying the basic outsourcing rules for insurance and reinsurance undertakings, including the principles for the development of internal policy and the fulfillment of disclosure requirements, with special emphasis on the outsourcing of certain activities and functions of the management system. Moreover, it also presents the requirements for outsourcing contracts which are imposed on insurance undertakings both by EU and Polish legislation. An appropriate formulation of the rights and obligations of the parties to the contract should ensure, in particular, both compliance with the law and the effective services supervision. More importantly, the KNF has been authorized to perform inspection activities in respect of entities providing outsourced services.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126466583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Obligations of Insurance Broker as Insurance Distributor 保险经纪人作为保险分销商的义务

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5734

M. Serwach

{"title":"Obligations of Insurance Broker as Insurance Distributor","authors":"M. Serwach","doi":"10.5604/01.3001.0013.5734","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5734","url":null,"abstract":"The Insurance Distribution Act introduced a wide variety of notions and imposed a number of new statutory obligations, in particular, the definitions of insurance distribution and insurance distributor. The aim of the article is to present the statutory obligations imposed on insurance and reinsurance brokers as insurance distributors. The author points out that these duties can be divided according to different criteria and emphasizes that the broker's obligations towards the client are the most important in insurance practice. She discusses the duty to analyse client's needs and requirements, to prepare brokerage recommendation and provide a product card or prepare it if the broker is its creator. Moreover, she discusses the necessity to reveal the nature (and sometimes even the amount) of brokerage remuneration as well as to give the information about the method and procedure of handling claims (so-called claims policy). Having analysed the statutory obligations imposed on the insurance broker, the author comes to the conclusion that the basic purpose is the protection of clients and their interests. However, there is a concern that some duties might be treated as formal ones to be fulfilled in order to avoid legal liability. Additionally, the obligation of loyalty towards the client may be derived from the duty to keep good faith and perform due diligence.","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128781688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Securing Bank Claims by means of Credit Risk Insurance versus Insurance Recourse 信用风险保险与保险追索权的关系

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5733

Dawid Rogoziński

引用次数: 0

Mandatory Disclosure Rules – Selected Problems 强制披露规则-选定问题

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5735

Dorota Walerjan

{"title":"Mandatory Disclosure Rules – Selected Problems","authors":"Dorota Walerjan","doi":"10.5604/01.3001.0013.5735","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5735","url":null,"abstract":"The article deals with issues related to the introduction of provisions concerning mandatory disclosure and tax reporting rules (MDR) in the Polish legal system. Due to the multifaceted nature and level of complexity of these new regulations, the article focuses on those aspects that are most relevant for activities carried out on the insurance market.\u0000Contrary to the common understanding of the concept of a tax scheme, reporting obligations under the MDR include transactions and operations related to tax optimization as well as standard advice or activity, as long as they meet statutory conditions. In addition, the scope of entities responsible for the implementation of the MDR is wide. Apart from the entity that \"uses\" the scheme, the reporting duties can apply to almost everyone who is professionally involved in the scheme's development, organization, or implementation.\u0000The first months of the new regulations have shown that interpretation and application are not only time-consuming, but more importantly, burdened with significant risks. Their sources include, firstly, the extremely vague and complicated provisions themselves, and, secondly, the practical considerations related to the possibility of the misinterpretation of facts or of defective assessments in situations where participants have limited knowledge or experience. These risks are of key importance due to the fact that the incorrect application of the MDR regulations can result in penal fiscal sanctions for those responsible for their implementation.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122889012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Legal Conditions for Commercial Activity of Mutual Insurance Companies 相互保险公司商业活动的法律条件

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5731

M. Brajczewska, Aleksander Raczyński

{"title":"Legal Conditions for Commercial Activity of Mutual Insurance Companies","authors":"M. Brajczewska, Aleksander Raczyński","doi":"10.5604/01.3001.0013.5731","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5731","url":null,"abstract":"This article aims at discussing a legal regulation relating to commercial activities of mutual insurance companies which is provided for in the Insurance and Reinsurance Activity Act, Accounting Act and the Regulation of the Minister of Finance on Specific Accounting Principles of Insurance and Reinsurance Companies. It explains the concept of commercial activity of mutual insurance company, as well as the dominant principle of mutuality. A fundamental part of the article is an attempt to interpret Article 111 paragraph 3 of the Insurance and Reinsurance Act, under which premiums from non-members of the mutual insurance company cannot constitute more than 10% (ten percent) of the gross premiums written. According to the authors, the rules for collecting premiums provided for in the Regulation on Specific Accounting Principles of Insurance and Reinsurance Companies, which are thoroughly discussed herein, are of key importance in this respect. In addition, the article also explores the effects of exceeding the limit provided for in Article 111 paragraph 3 of the Insurance and Reinsurance Activity Act, as well as the issue of settling the commercial profits.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126584072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Civil Law Consequences of the Non-Adjustment of an Insurance Product by the Distributor to the Demands and Needs of a Customer 经销商未调整保险产品以满足客户需求的民事法律后果

Prawo Asekuracyjne Pub Date : 2019-09-15 DOI: 10.5604/01.3001.0013.5730

Bartosz Kucharski

引用次数: 1

Client Needs Analysis – Accurate or Apparent? 客户需求分析——准确还是明显?

Prawo Asekuracyjne Pub Date : 2019-06-15 DOI: 10.5604/01.3001.0013.5661

Marcin Orlicki

引用次数: 0

The Statutory Duty of Customer Needs and Requirements Assessment in Liability Insurance 责任保险中客户需求与需求评估的法定义务

Prawo Asekuracyjne Pub Date : 2019-06-15 DOI: 10.5604/01.3001.0013.5662

M. Serwach