Application of Article 18(1) and (2) of the Insurance and Reinsurance Activity Act of 11 September 2015 by Mutual Insurance Companies

Article 18(1) and (2) of the Act of 11 September 2015 on insurance and reinsurance activity introduced a ban on remunerating the policyholder and persons representing the policyholder in insurance on someone else's account for offering insurance cover or for actions related to the performance of insurance contracts. The reason for such legal regulation was to eliminate a market practice which enabled the policyholder to receive fees or other benefits for actions related to providing insurance cover under contracts on someone else's account (mainly group insurance) or to the performance thereof. Although said provision applies to insurers operating in various forms, mutual insurance companies implementing the principle of mutuality in their activities may account for the profit generated in the insurance history. Pursuant to Article 18(1) and (2) of the Act, the ban to receive remuneration or other benefits applies exclusively to insurance actions specified by the legislator, i.e. to (i) offering and/or (ii) performing an insurance contract. The payment or settlement of a positive insurance result does not constitute a benefit for the insured referred to in said provision. Therefore, the ban does not apply in such situation, however this does not mean that the obligation to settle accounts with persons who actually bear the cost of insurance protection may be ignored.