Posted the: 2002-08-30 Numac: 2002011274 Department of business economic 2 August 2002. -An Act amending the Act of 21 November 1989 concerning compulsory insurance of civil liability for motor vehicles and amending articles 29 and 31 of the law of 25 June 1992 on terrestrial insurance ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2 Act of 21 November 1989 on compulsory insurance of liability for motor vehicles, is inserted in a chapter IIbis as follows: "chapter IIbis. -office of pricing art. 9A. § 1. II is created, within the common fund of guarantee referred to in article 79, § 2, of the Act of 9 July 1975 on the control of insurance undertakings, a pricing Office which has to establish the premium and the conditions under which an insurance undertaking is required to cover a person subject to the requirement of article 2 and which is located in the conditions laid down by or pursuant to this chapter.
2. The bureau shall consist of four members representing insurance companies and four members representing consumers, appointed by the King for a term of six years. These members are chosen on two double lists submitted respectively by the professional associations of insurance undertakings and associations relating to the defence of the interests of consumers.
The King is also for each Member an alternate. The alternates are selected in the same way as full members.
For a term of six years, the King appoints a president not belonging to the above categories. The bureau may call experts not having voting rights.
The Minister in charge of Economic Affairs may delegate an observer with the bureau.
§ 3. The common guarantee fund ensures a secretariat and the day-to-day management of the Office for pricing.
Pricing Office establishes its rules of procedure and submit it for the approval of the Minister in charge of Economic Affairs.
9B. § 1. Any person subject to the obligation of article 2 may apply to the Office of pricing when at least three insurance companies to which it is addressed refused to grant him coverage.
§ 2. Includes a refusal the proposal of a premium above the threshold set by the King.
This threshold is determined by multiplying the premium the lowest tariff of the insurance undertaking for a motor vehicle is identical to the subject of the request for coverage by 5. This coefficient can be modified by the King without it be less than 4.
§ 3. Includes a refusal the proposal of a franchise than the threshold set by the King.
This threshold is determined by multiplying the premium the lowest tariff of the insurance undertaking for a motor vehicle is identical to the subject of the request for coverage by 3. This coefficient can be modified by the King without it be less than 2.5.
§ 4. The King may subdivide the coefficients referred to in §§ 2 and 3 according to age, length of driving licences and statistics on loss of the driver.
§ 5. The insurance undertaking is required to inform the buyer candidate of insurance that it is located in one of the cases referred to in §§ 2 and 3.
S. 9quater. § 1. The application must be lodged with the Office of pricing within two months from the date of the refusal or the pricing proposal referred to in article 9B. It is not admissible when the applicant has received an offer from the Office of pricing for the same risk, in the nine months preceding such refusal or this proposal.
The Office of pricing fixed premium taking into account the risk that the lessee of this insurance and solidarity between all insured persons. It can impose conditions to reduce the risk posed by the policyholder.
§ 3. Office pricing is a pricing proposal within one month of receipt of the request and information needed for the establishment of pricing. The proposal shall be notified to the applicant within eight days. It is valid for one month from his expedition.
S. 9quinquies. § 1. The pricing Office entrusts the management of the risks tariffed by it to one or more insurance undertakings members of the common guarantee fund set up by article 79, § 2, of the aforementioned law of 9 July 1975.
§ 2. The result of the claims management hazard tariffed by the pricing Office is integrated into the accounts of the Fund.
§ 3. The King may set specific rules to allocate this result between members of the Fund insurance companies. » Art.
3. the heading of section 1 of chapter V of the Act is replaced by the following: Section 1. -Seizure and other similar measures.
S. 4. in chapter V, section 1 of the Act, is inserted an article 19bis as follows: «art.» 19A. The common guarantee fund, set up by article 79, § 2, of the Act of 9 July 1975 on the control of insurance undertakings is responsible for collecting all information for the application of the provisions of this chapter.
When the common guarantee fund is, on the basis of the information gathered under article 80, § 6, of the same law unable to immediately identify the insurance undertaking of a self-propelled vehicle, this Fund invites the owner of the motor to provide all information necessary to establish the situation of his motor vehicle insurance.
Absence of a response within one month of the request or if it follows from the reply that the motor vehicle does not comply with the rules on the insurance of liability for motor vehicles, the Fund reported this situation without delay to the judicial police officers, officials or agents referred to in article 20. These apply, where appropriate, the measures referred to in article 20. » Art. 5. article 20, first paragraph, of the Act, is replaced by the following subparagraphs: without prejudice to the powers granted by the Code of criminal procedure, any police officer judiciary and any official or agent of the public authority qualified to issue notices of count under this Act may, when there is reason to believe that the liability which may give rise a self-propelled vehicle put into circulation on the public highway or on one of grounds referred to in article 2 § 1 is not covered, proceed with the seizure of the vehicle or its registration marks.
When the vehicle is not put into circulation on the public highway, these same officers, officials and agents can also take any measure to ensure that the vehicle will not be put into circulation on the public highway or the land referred to in article 2, § 1. » Art.
6 A section 29, § 2, paragraph 1, of the law of 25 June 1992 on terrestrial insurance contract the words "31, § 1, paragraph 2" shall be replaced by the words "31, § 1".
S. (7 A section 31 of the Act, the following changes are made: 1) the § 1, paragraph 2, is replaced speak following subparagraphs: 'termination takes effect at the earliest three months after the date of the notification.
However, it can take effect one month after the date of its notification when the policyholder, the insured or the beneficiary has breached one of the obligations arising from the occurrence of the disaster with the intent of misleading the insurance company, provided that it has filed a complaint against one of those people before an examining magistrate with indemnification or has quoted it before the trial court , on the basis of articles 193, 196,197,496 or 510 to 520 of the Criminal Code.
The insurer is obliged to repair the damage resulting from this termination if it withdrew its action or prosecution resulted in a dismissal or an acquittal. »;
(2) there shall be inserted a § 2A as follows: "§ 2A.» Insurance compulsory civil liability for motor vehicles, the insurer cannot reserve the right to terminate the contract after a disaster unless he paid or will have to pay compensation to injured persons, with the exception of payments made pursuant to article 29 bis of the Act of 21 November 1989 on compulsory insurance of liability for motor vehicles.
In cases where the termination is not authorized within the meaning of the preceding paragraph, the termination by the insurer of an annex guarantee in the contract covering the liability, does it not invoke the provisions of article 12 to terminate it. "Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Punat, 2 August 2002.
ALBERT by the King: the Minister of Justice, Mr. VERWILGHEN. the Minister of economy, c.
PICQUÉ sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) Session regular 1999/2000.
Parliamentary papers. -Law proposition of Mr Monfils.
Session regular 2000/2001.
Amendments. -Report. Text adopted by the commission. Text adopted in plenary meeting and transmitted to the House of representatives.
Annals of the Senate: February 1, 2001.
House of representatives.
parliamentarians. -Draft transmitted by the Senate. Amendments. Report. Text adopted by the commission.
Amendments filed after filing of the report.
Amendments. Supplementary report. Text adopted by the commission.
Amendments submitted after filing of the report. Text adopted in plenary meeting and sent to the Senate.
Annals of the House of representatives: 7 March and 16 May 2002.
-Draft amended by the House. Amendments. Amendments filed after the approval of the report. Decision to join the draft amended by the House.