الوساطة في التأمين

Abstract

Under Article 205 of the Ordinance 95-07 amended and supplemented, relating to insurance, the Algerian legislature has allowed non mutual commercial insurance companies to offer their services and distribute insurance contracts to the public through intermediaries exercising the activity of insurance intermediary. They expose, propose, sign and manage insurance policies and they put in execution their effects when they meet the conditions provided by the law, and to accomplish the tasks assigned to them, they must resort to their experience and pro fessional skills in this field. Are considered, according to Article 252 of the law 06-04 amending and supplementing Ordinance 95-07 pertaining to insurance, as insurance intermediaries: - The general insurance agent: is natural person who represents one or more insurance companies, following designation agreement for his approval as such, he is absolutely considered the most important intermediary, he has more power and prerogatives and depends on one or several insurance companies that he represent, therefore, they are liable on the mistakes he commit during the exercise of its functions. - The insurance broker: A natural or legal person who enjoys limited prerogatives and powers, he works for his own professional mediation between policyholders and insurance companies to conclude the contract of insurance and execute its effects, he is considered the agent of the insured client and responsible toward him. - Banks and financial institutions: The insurance companies can distribute some contracts of insurance underwritten by agents designated in the annexes and networks of these banks and financial institutions following distribution agreements, they are invested with limited prerogatives and powers; in addition, they depend on the insurance company, which means it is responsible for their mistakes. In view of the importance of the activity performed by these mediators, their approval must meet a set of conditions prescribed by law, which will be subject to procedures that must be followed, they are subject to the control of parts and public institutions, in addition, guidance and control imposed by insurance companies that gave them their approval in order to prevent the commission of offenses or scams.