Complaints About Insurance And Reinsurance Intermediaries Handling The Legislative Provisions

Original Language Title: Sūdzību par apdrošināšanas un pārapdrošināšanas starpniekiem izskatīšanas normatīvie noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/246.8


Financial and capital market Commission, the provisions of regulations No 206 2015 in Riga on December 2 (financial and capital market Commission Council meeting Protocol No. 46 4 p.) Complaints about insurance and reinsurance intermediaries handling the legislative provisions Issued pursuant to the financial and capital market Commission of the law article 7, first paragraph, point 1, and the activities of insurance and reinsurance intermediaries law article 29 fifth i. General questions 1. "complaints about insurance and reinsurance intermediaries examination regulations" (hereinafter-the rules) determines the received complaints, analysis and information on complaints received and the requirements for the Exchange received the complaint and the replies provided by the registry. 2. The rules are binding on insurance and reinsurance intermediaries who provide insurance and reinsurance mediation services in the Republic of Latvia, except for: 2.1. This provision in paragraph 8 and 12 requirements of the Member States are bound by insurance brokers, if they provide insurance and reinsurance mediation services in the Republic of Latvia with a branch or under the freedom to provide services; 2.2. this rule 4.1 and in point 8 requirements are binding the associated insurance agents and insurance agents, for which the economic operator is entered into insurance full responsibility for their professional activity or professional negligence for damage to customers, as well as the associated agents and insurance agents of the Member States for which the merchant has entered into insurance full responsibility for their professional activity or professional negligence for damage to customers When providing the insurance and reinsurance mediation services in the Republic of Latvia with a branch or under the freedom to provide services; 2.3. This provision 8, 12 and 18 specific requirements are binding on Member States, insurance agents, for which he received no insurance full responsibility in connection with your transaction or professional negligence for damage to customers if they provide insurance and reinsurance mediation services in the Republic of Latvia with a branch or under the freedom to provide services. 3. insurance the merchant handles complaints about insurance and reinsurance intermediaries in the insurance and reinsurance mediation services where the trader has taken full responsibility for insurance and reinsurance intermediary professional error or professional negligence for damage to customers. Insurance merchant complaint handling procedures in respect of the following: 3.1 the insurance company and not a member insurer's branch in handling complaints follow that rule 3-17. the requirements of point; 3.2. insurance merchant who provides insurance services in the Republic of Latvia with a branch or under the freedom to provide services, the handling of complaints in respect of those provisions of paragraph 3 and 12. 4. insurance merchant, and is linked to the insurance agent insurance agent, you receive a complaint, within five working days from the date of receipt of the complaint forward it and inform the complainant about the transfer, subject to the following procedure: 4.1 and is linked to the insurance agent insurance agent about which complaints under these rules laid down in paragraph 3 shall examine insurance merchant, received the complaint is forwarded to the relevant insurance merchants; 4.2. insurance insurance broker traders received a complaint forwarded by the insurance broker; 4.3. insurance business person for insurance and reinsurance intermediaries, for which he received no insurance full responsibility related to the career or professional negligence for damage to customers, receive complaints forwarded by the insurance and reinsurance intermediaries. 5. the terms used in the regulations: 5.1. complaint-statement of discontent with the insurance and reinsurance intermediaries in the insurance or reinsurance mediation services. On the meaning of these terms does not constitute a communication to a natural person is not specified for the name and address of the legal person and not specified name and legal address; 5.2. the complainant, who has the intention to conclude an insurance or reinsurance contract, the policyholder, the insured or a person who is eligible for insurance claims in accordance with the conclusion of the insurance contract, the worker, pārapdrošinājum as well as the above person authorized representative. II. Complaints procedure 6. Insurance and reinsurance intermediaries shall establish a complaint handling procedure that complies with the insurance and reinsurance intermediary to the type, size and organizational structure which provides quick, balanced, fair and effective handling of complaints. Complaint handling procedures shall be prepared in writing and approved by the insurance and reinsurance intermediaries and of the Executive procedure shall include at least the following information: 6.1 of the person of insurance and reinsurance intermediaries in the management level responsible for complaint handling process and providing the facts specified in the complaint, the complaint handling process efficiency control, prevention of possible conflicts of interest and reporting compliance complaint handling procedure (hereinafter – the person in charge of handling complaints); 6.2. the complaint handling process, including duties, responsibilities, and activities from receipt of the complaint and the replies to the complaint, as well as on the complaint and measures analysis of the causes of complaints; 6.3. the time limits for handling complaints; 6.4. the complaint and on complaint forwarding according to this provision the requirements of paragraph 4; 6.5. the complaints received and the response provided by the registration in the register; 6.6. a complaint on the fact checking and possible prevention of conflicts of interest in handling complaints; 6.7. the information provided by the complainant and the complainant's personal information, or a reference to the insurance and reinsurance intermediary internal laws which set out in this article for information protection requirements; 6.8. the complaint handling process the compliance complaint handling procedure for tracking, reporting and follow-up. 7. Insurance and reinsurance intermediaries shall ensure that complaints procedures are introduced against persons involved in the proceedings and it is available to all insurance and reinsurance mediation services involving employees. 8. Insurance and reinsurance intermediaries in all insurance and reinsurance mediation service in their work and in all the Web pages on the internet where the intermediary has created multiple, providing clear, accurate, always up-to-date and free of at least the following information: 8.1 particulars of the complaint and that the complaint is free of charge; 8.2. the complaint form and contact information; 8.3. the complaint handling process description and examination deadlines; 5.2. information on insurance and reinsurance intermediary supervisors and other complaints. 9. Insurance and reinsurance intermediaries following the complainant's request for information (written or electronic) of the inquiry process. 10. Insurance and reinsurance intermediaries for their competence and legal capabilities, have a duty to examine the complaint related evidence and information. 11. Insurance and reinsurance intermediaries shall provide a written reasoned response to the complaints received, using as simple and easy to understand language, as well as inform the complainant of other complaints handling capabilities, if the response to the complaint did not fully satisfy the complainant indicated in the complaint. 12. insurance businessman and insurance and reinsurance intermediary response to complaints received provide Latvian language or in another language, for any merchant and insurance of insurance and reinsurance intermediary have agreed with the complainant. III. the complaints register and analysis 13. Insurance and reinsurance intermediaries shall ensure the received complaints and responses provided by a single registration can be carried out electronically. Insurance and reinsurance broker complaints received register not later than the working day following the receipt of a complaint and responses recorded the answers on the day of preparation. Registering the complaints received and the answers given, specify at least the following information: 13.1. information about the complainant (person-name and last name; a legal person – name, registration number) and its contact information; 13.2. the date of receipt of the complaint; 13.3. the reason for the complaint; 8.3. insurance; 13.5. the reply to the complaint date of dispatch; 13.6. the results of the inquiry; 8.5. the State, which provides insurance and reinsurance mediation services, complained of. 14. Insurance and reinsurance Broker stores information on complaints received and answers given under insurance and reinsurance intermediaries in the internal regulations for storage and archiving of documents. 15. Insurance and reinsurance intermediaries for the person in charge of handling complaints at least once in the year prepare a report on the complaint handling process compliance complaint handling procedures and complaint handling process efficiency, as well as the report contains information on complaints analysis and provides an assessment of the complaint. This report shall be submitted to the insurance and reinsurance intermediary to the executive body. 16. Insurance and reinsurance broker at least once a year by the rules laid down in paragraph 15 of the report of the examination shall take measures established to prevent the causes of complaints. IV. Information on complaints received documentation and storage 17. insurance businessman and insurance and reinsurance intermediary provides information on complaints received and cases completed documentation and storage, to request it to submit financial and capital market Commission. 18. insurance agent about which the complainant does not consider insurance merchant, is obliged at the request of the insurance, merchant to submit the information on complaints received. Financial and capital market Commission Vice Chairman p. Bird