Insurance broker sometimes called an insurance lawyer. He works as an independent insurance intermediary, acting in particular on the basis of the law of 22 May 2003 on insurance mediation (Charter 2003, number 124, item 1154 as amended) and executive acts.
Broker performs queries, associated with the conclusion and execution of insurance contracts – the actual transaction or legal action, for a fee (Article 2 of the Act). He acts on behalf of the insurer and has a commission (“Brokerage”), or if the parties have agreed by mutual consent – a fee (so-called fee). He is paid by the client for the performance of a specific amount of brokerage activities.
Leading insurance activities, broker, acts under the Power of Attorney / Orders given to him by the Client, performs on behalf of or for the actions of the insured the instructions (known as “brokering”), in accordance with Art. 4, paragraph 2, of the law – by:
- The introduction or bring about the conclusion of insurance contracts,
- The preparatory steps for the conclusion of insurance contracts,
- The participation in the management and implementation of insurance contracts, as well as in compensation cases,
- The organization and control of brokering activities.
Also important is the fact that in accordance with Art. 22 of the Law – Insurance broker is subjected to compulsory insurance of civil liability. It covers damage caused by the insured person, the policyholder, the insured person or the person authorized by the insurance contract, including damage caused to individuals through whom the insurance broker performs brokerage activities and legal entities with experience, which the broker instructed above-mentioned activities, except the right of submission and receipt of declarations of will on behalf of the clients.
The contract of insurance of civil liability, as described above, includes the damage from an insurance broker in connection with the activities carried out in the territory of the Republic of Poland and other Member States of European Union.