An insurance agent is an intermediary who makes a contract on behalf of the insurance company. They have obligations towards the customer.
Obligations of the Agency
- Providing accurate information
- Explaining the policy content
- Warning about exceptions
- Guiding the damage process
- Renewal notification
Responsibility for Incorrect/Incomplete Information
- If the agency makes a wrong offer: the insurer is responsible (the agency is responsible for its representative)
- If the agency is personally at fault, it is additionally personally liable
- Subsequent liability
Typical Complaints
- The claim that "This policy covers everything" (misleading)
- Failure to disclose exceptions
- Insuring the missing amount
- Forgetting to renew
Supreme Court 11. HD
11. HD accepts that the insurance agency is considered "the organ of the insurer" and that the insurer will be held responsible for the agency's misleading statement.
Complaint Procedures
- SEDDK (Insurance and Private Pension Regulation and Supervision Agency)
- Insurance Arbitration Commission
- Consumer arbitration committee / tribunal
Practical Recommendations
- Ask for a written document of what the agency says
- Read all pages of the policy
- Ask clearly about exceptions
Insurance law lawyer is recommended.