Analiza potrzeb klienta w świetle art. 21 ustawy o działalności ubezpieczeniowej i reasekuracyjnej – wybrane zagadnienia
The analysis of a customer’s needs in the light of article 21 of the Insurance and Reinsurance activity act – selected problems

Summary/Abstract: Article 21 of the Insurance and Reinsurance Activity Act imposes a new obligation on insurance companies: they are required to make an analysis of an insured’s needs for certain types of contracts of the legislator’s choosing. The same requirement is also contained in the Recommendation for in- surance companies regarding the examination of the product’s suitability of 22 March 2016 and the Recommendation U on good practices in bancassurance issued by the PFSA in June 2014. The review of the above regulatory acts shows that they differ in scope, specifically in respect of types of contracts they refer to, which may lead to problems with the Recommendations’ application.Pursuant to Article 21 of the Insurance and Reinsurance Activity Act, an insurance company is obliged to make an analysis of an insured’s needs for insurance contracts on someone else’s account, and specifically group insurance contracts. This legal obligation should be examined separately with regard to individual and group contracts. The subject of an analysis in such contracts should be the needs and state of knowledge of the insured and not those of the policyholder. As regards financial capacity, it should be examined who pays the premium and therefore who should dispose of funds al- located for the payment.

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