Pre-contractual Information Duties of Insurers. A German and Polish Approach
Pre-contractual Information Duties of Insurers. A German and Polish Approach

Summary/Abstract: Information is the key element of consumers and customers protection in insurance. Implemen-tation of Insurance Distribution Directive (IDD) by EU member states in 2018 was yet anotherstep – at least in theory – in expanding access to basic knowledge about insurance products. Ne-vertheless, despite certain new solutions included in IDD, pre-contractual duties of insurers stillremain primary source of mentioned information for policyholders. EU member states have adop-ted various approaches to IDD implementation and – in particular – legal shape of pre-contractualobligations of insurance contract parties. Hence, the purpose of this paper is to introduce contem-porary perspective on insurers pre-contractual information duties in German and Polish legalsystems. First part includes a basic outline of insurance law in both countries in scope of IDDimplementation. It is followed by comparative commentaries on “demands-and-needs test” aswell as general information duties set out i.a. in German Insurance Contract Act (VVG) and PolishInsurance Distribution Act (UDU). The paper closes with certain conclusions and findings.

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