Appendix 2 describes the factors that tend to indicate when an intermediary acts on behalf of the consumer and when it acts on behalf of the insurer. Some of the factors listed in Appendix 2, paragraph 4 of the 2009 Legal Commission Report were considered by insurers to be outside their control. In these circumstances, it would therefore be unreasonable to expect intermediaries to act as representatives of the insurer. Schedule 2 of the law has been changed, which leads to a text that we can accept. 11 The diversity of generic insurance products ranges from motorized, domestic and travel products to special products, including expanded warranties, CAP insurance, BTE legal insurance, troubleshooting insurance, household insurance, travel benefits, etc. New products are constantly being developed and each insurer has specific ranges of questions for its products to identify the associated risks. Similarly, “standard” products differ depending on the needs of the target group and/or the type of risk the insurer is willing to take. Previous The requirement for insurers to treat micro-enterprises in the same way as consumers in this regard increases the potential for moral hazard and eliminates any incentive for the company to voluntarily inform itself so that the insurer can set the right premium. With respect to pre-contract information, it is good industry practice to ask consumers specific questions on risk-critical issues, and this will be a requirement of the law.
This situation is not unduly burdensome for insurers, as there is a certain homogeneity of risk between consumers who request the same product. That is why most consumers are subject to the same questions. The same is not true for micro-enterprises whose nature and size of risk will vary considerably. By way of illustration, it is common for two companies to have a similar turnover and/or number of employees, but they present very different risks for an insurer (for example. B, a hairdresser compared to a small contractor or an oil refinery compared to a retail chain). 14. The AGB contains recommendations regarding procedures that insurers can use to assess injury, for example. B taking into account the clarity and accuracy of the questions of whether an intermediary was involved or not, and whether the client had the opportunity to verify his answers.