15 November 2010

Working Group on the review of business insurance in the Council of Financial Market Development at the Ministry of Finance criticized the Insurance Ombudsman project, which aims to modify the role of automotive experts.

The meeting in this matter was held on 22 September 2009. The Ministry of Finance adopted a critical view of PIU relating the Ombudsman project (PIU Annoucement 77/2009) and the amendments to the Law on Compulsory Insurance, UFG and PBUK and Traffic Law.

It was estimated that the Ombudsman’s proposals too deeply interfere with the existing insurance legislation. It was argued that they were incompatible with the solutions of the Civil Code, Code of Civil Procedure, and even the Constitution of the Republic of Poland (within court rights).
They are in contradiction with the general principle determining the insurance right to receive insurance benefits. Especially criticized was the granting of the valuation prepared by an expert of the same status as the recognition of claims for the facility, the conclusion of a settlement or court decision.

Most participants did not object to the introduction of regulations governing the profession of surveyor, with the proviso that this matter falls within the jurisdiction of the Minister of Infrastructure. The meeting was attended by representatives of the Ministry of Finance, the Financial Supervision Authority, the Office of the Insurance Ombudsman, UFG, the association of experts – a member of the National Automobile Appraisers Associations Agreement and the Polish Insurance Association.
It was settled that the Insurance Ombudsman in cooperation with representatives of the involved institutions will work on a new version of the insurance project.