UMOWA BROKERSKA JAKO UMOWA O CZYNNOŚCI POŚREDNICTWA UBEZPIECZENIOWEGO
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Date
2002
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Wydział Prawa i Administracji UAM
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BROKERAGE CONTRACT AS AN INSURANCE MEDIATION ACT CONTRACT
Abstract
The aim of the article is to designate those characteristics of a brokerage contract that distinguish
it from other types of contracts. The author begins by analysing the notion of insurance
mediation on the basis of its legal definition as well as the practice o f the market. In consequence,
he uses the notion in its strict sense, i.e. in reference to concluding transactions, and not denoting
any form of consulting, especially risk management. Since the main area of insurance broker’s
activity consists in rendering services of insurance mediation, the author proposes to define brokerage
contract as contract for these services. However, if an insurance broker renders any additional
services, in particular in the area of risk management, then two separate and different legal
relations occur. Furthermore, a brokerage contract is characteristic on the one hand for its parties,
as the broker is always a party to the contract, and on the other for the fact that the broker is
remunerated by the insurer rather than the client himself, although it is the client that orders the
services (the contract is thus considered gratuitous). The remuneration, called brokerage fee,
is paid for the service of insurance mediation, which aims at facilitating the conclusion of an
insurance contract. This leads to the conclusion that two types of services rendered by the broker
should be distinguished: consultation (not remunerated by the insurer) and mediation services,
which make the broker’s remuneration model so distinctive.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 64, 2002, z. 3, s. 97-110.