Legal
Conflict of interest
The fine print, but in a bigger font.
It is possible that a conflicting situation arises between the MGA (Managing General Agent) and the broker company. If there is a conflict of interest between the intermediary activities on the one hand and the insurance by proxy activities on the other, the legislator’s intentions to regulate by means of the Wft (Section 3:17) are not complied with.
The NVGA (Dutch Association of Managing General Agents) has drawn up instructions on how the MGA should take measures to ensure careful performance of the MGA (Managing General Agent) business in the event of conflicting situations.
The broker’s role is to represent the interests of the policyholder, the insured or the beneficiary. This may be at odds with serving the interests of the insurer and/or the provider. For integer business operations, it is important that the situations – which may be conflicting – and also the way in which the de-facto leader of the broker or MGA (Managing General Agent) should act in such a situation is described. It is of course also possible that situations arise that have not been described in advance, but where there is a conflict situation. In those cases, it must also be clear how to act.
Our policy
In general, the following policy has been formulated for the MGA:
The de facto leader is ultimately responsible for the proxy policy
If the procedures, work instructions and quality documents referred to in the MGA manual do not provide clarity about how to act in a particular situation (with regard to the proxy granted), the de facto leader will decide.
Decisions to deviate from the procedures, instructions and other documents mentioned in this manual are made:
Within the proxy granted after (written) permission from the de-facto leader; Contrary to the powers of the proxy granted with (written) permission from the de facto leader and the principal.
If the question of guilt is discussed in the event of a claim and two or more of our (MGA ) insured parties are involved, the claim settlement can be wholly or partially handed over to one of the insurers/MGA involved.
Rotterdam, November 24th 2022
