Multifunctionality of the Danish Act on insurance intermediaries with an emphasis on the regulation of the insurance broker duties


In the first part of the paper author explores the origins of good solutions of the Danish Act on insurance intermediaries model for selling insurance through an insurance intermediary. That are solutions that determine the Act`s basic characteristics and which form is the basis for a legal framework in this law to sell insurance. In this part of the paper special attention is dedicated to one area through which manifested particularly versatility of the legal regime of selling insurance. It is sale over the subjects covered by the general concept of insurance intermediaries who are regulated differently than they scaled Directive on insurance mediation in 2002 (tied agents insurance), or who do not exist in this Directive and in legal systems of the member states (the management company, the company for distribution of insurance products), or when they are known as subjects of the insurance market in EU member states their status and obligations are governed by regulations on insurance intermediaries (brokerage reinsurance). The regulation of these entities in the Act on insurance intermediaries of Kingdom of Denmark is a result of efforts to expand the insurance market for insurance companies in this country and abroad, and aspirations that on institutional-legal and organizational basis or contractual basis improve the distribution system to provide services in mediating concluding insurance contracts. The second part of this paper examines the solutions related to the duties of an insurance broker who in the intermediary insurance law of this country’s typical and major insurance intermediaries. In this part author is focused on testing dutie of brokers to conclude with the client (the insured / buyer) a written contract of services in mediating for conclusion the insurance contract. Then examines in detail all the duties for insurance brokers prescribed by this law, and which are, by nature, generally obligatory legal, and their contents, as legal contractual obligations part of the contract concluded with the client broker / insured as a buyer of insurance. There are duties that the broker has to the client, but also there are duties prescribed by law for the broker to the insurer. When examining the obligation insurance broker underline their good solutions to solutions that recognize the states that belong or do not belong to the same culture and tradition of selling insurance.
In the third and final part of the paper, author summarizes the most important good solutions of mentioned law, which can serve for the Serbian legislator to improve the system of selling insurance through an insurance intermediary.