Out of court settlement of disputes Polish experiences

1
Out of court settlement of disputes Polish
experiences

• Marcin KAWINSKI
• senior specialist
• Insurance Ombudsman Office

2
Road to accession

• Act of 28 July 1990 on Insurance Activity
• Basic act for a new insurance market
• Simulation plan minimal guarantee fund,
  solvency margin and own funds.
• Generally consistent with present EU directives

1990
3
Road to accession

• Amendment of Act of 28 July 1990 on Insurance
  Activity
• More precise and higher criteria for new
  insurance company.
• Implementation of security norms (one risk lt 25
  of the fund)
• Foundation of supervisory office
• Regulation of insurance intermediaries
• Foundation of The Insurance Guarantee Fund
• New bankruptcy regulation
• Foundation of Insurance Ombudsman
• Foundation of actuary

1990
1995
4
The Insurance Ombudsman

• Appointed by prime minister
• Financed by insurance companies and open pension
  funds - contributions paid insurance institutions
  at rate 0.0071 of the gross written premium
• Member of FIN-NET

5
The Insurance Ombudsman

• Founded to protect and represent the interests of
  the weakest market participants - insurance
  consumers vis-a-vis Insurance Companies equipped
  with much greater resources and qualified staff

6
The roles of ombudsman

• Protection
• Information/education
• Claims/interventions against insurance company
• Advising suppervisory body
• Asking the Supreme Court for clarification
• Representation in legislation process

7
The Insurance Ombudsmans statutory tasks

• The Insurance Ombudsman was founded
• to protect consumers interests of the insureds
  and beneficiaries under insurance contracts, and
  members of pension funds
• to represent consumers interests of the insureds
  and beneficiaries under insurance contracts, and
  members of pension funds in legislation process
• to advise the supervisory body of any
  irregularities found in the operation of
  insurers, pension funds and vocational pension
  plans
• to initiate and engage in educational and
  information activities in the scope of insurance,
  pension funds and vocational pension plans.

8
Insurance Ombudsman administration chart
9
How to contact with Insurance Ombudsman Office?
Insurance Ombudsman
6610 (2006)
9298 (2006)
564 (2002)
10
Insured
wrong characteristic (beyond entitlements)
claim
Insurance Ombudsman Office (first selection)
approved
approved
groundless
claim
Expert
statement
intervention
answer
n times
copy
Insurance company
11
Number of claims from insured in 1995/96-2006
12
Number of claims from insured in 1995/96-2005
13
Number of claims from members of pension funds in
2002-2006
14
www.rzu.gov.pl legal advice

• 3-leveled service
• 1st level for beginners
• 2nd level for intermediate
• 3rd level for profesional
• News and important information
• 322 148 of visits (2006)

15
Insurance Ombudsman in numbers (2006)

• 22 employees within Insurance Ombudsman Office
• 30 experts (non-employment contract)
• 220 square metre
• 6610 claims
• 34 positive effect of intervention
• 2 841 382 PLN of costs (747 732 )

16
Court of Arbitration at Insurance Ombudsman

• Idea of arbitration
• Organisation
• Facts
• 91 application since 2005 (10 mediations)
• 6 consents (4 compromises)

17
Thank You

• Marcin Kawinski
• m.kawinski_at_rzu.gov.pl