If the insurance company sets its own rules


Laws that regulate “insurance broker activities” create a boring movement in the National Council where insurance lobbies enact the law. This supports the current situation, self-regulation.

Insurers will continue to define their own rules, whether or not they apply.

Insurers will continue to define their own rules, whether or not they apply.

Getty Images

It’s a long story in Congress. Over the years, interventions have been made to reflect the bad mood of consumers harassed by calls from Medicare insurance brokers. Two years ago, the branch decided to establish a form of self-regulation with rules of good deeds. But it works for some people, not for others.

Finally, a motion from the State Council was accepted to bring order to this sector. This led to a federal bill “Regulating the Activities of Insurance Brokers” by Alain Berset’s Federal Ministry of Interior. This was discussed on Monday, and we can say that it is the Congressional insurance company that has the knife at the handle of the subject.

Failed twice

However, two attempts on their part failed. The first was to be able to define their own sanctions, as proposed by Lorenz Hess (C / BE), also president of the Visana Foundation. Criminal justice would have been auxiliary. For legal reasons, the PLR ​​did not follow the bourgeois camp. The second was to exclude the complementary insurance sector from the law because the Philippe Nantermod (PLR / VS) wanted a PLR. Even Lorenz Hess felt that doing this would be “incredible” because the problem was protracted. The Commission’s Benjamin Roduit (C / VS) said: A total of 300 million. ” Removing supplements from the law makes little sense.

There are no “regulations imposed”

For the rest, the left has not succeeded in changing the formula that could open this law: “Insurers can conclude an agreement to regulate …” against 68 With 125 votes, the right has somehow expanded the major current state of self-regulation. According to the Commission’s Benjamin Roduit (C / VS), “We need to respect the principles of self-regulation. Introducing regulations imposed by the authorities here is counterproductive.”

Two-thirds quorum

In addition, the law contains special mechanisms. If requested by a group of insurers representing two-thirds of the insured, the federal council may mandate regulation of the entire branch by ordinance. Otherwise, everyone will continue to do what they want. “If the number of insureds representing at least 66% of the insureds with branch contracts runs out, Pierre-Yves Maillard (PS / VD) no longer has a solution. In principle, on this legal basis. According to us, we’re back in the situation we’ve known for 10 years, and Congress hasn’t done anything to solve this problem. “

There is no cold call

Specifically, the law prohibits cold calls over the phone (that is, those who have never been insured by the seller or who have not been insured for a long time), intermediary training, rewards, and with clients. Create and sign a meeting report. Those who do not respect these rules may be fined up to CHF 100,000.

Forgiveness insurance company broker

Finally, the rights have also succeeded in exempting brokers who have employment contracts with insurance. In his project, Alain Berset remembered that it was the first issue of regulating activities, not the status of a person. “The definition of an insurance agent specified by the federal councilor includes employees of the insurance company dealing with the prospects of the new insured, but of course the problem is that the insurance company wants to exclude its employees from the contract. May occur … “.

“Serious interference”

However, in the case of Benjamin Roduit (C / VS), on behalf of the majority of the committee, “if this provision also covers employees of the company, there will be serious interference with staff compensation,” Benjamin Roduit said. Designated by the committee. .. From 109 to 84, the National Council has decided that only external intermediaries will be involved. This clearly reflects the weakness of this regulation on insurance brokers. The insurance company has succeeded in excluding employees from the law!

The project goes to the State Council.