保险调解的本质与分类:欧洲与乌克兰的经验

Наталія Володимирівна Кудрявська
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摘要

根据欧洲传统,保险调解的本质被定义为与保险合同的签订和实现有关的活动。最具争议和适应乌克兰保险市场现实的是在新版乌克兰法律“关于保险”中所代表的保险调解本质的定义。基于科学家的思想,笔者将保险中介的本质定义为调解人对保险市场的调查和分析所引导的活动;向客户-保险公司展示其可能性;提供一些建议;保险合同的准备、签署/陪同客户签署;根据保险合同向客户支付赔偿金;与客户开展保险合作。保险调解的实质还涉及保险产品从一个实体(保险公司)向另一个实体(客户)的销售。ES指令建议将保险中介机构分为“依赖”和“独立”两类。根据世界调解的传统,从属调解员是代表保险公司行事的代理人;独立调解人是经纪人。在世界实践中,一种流行的分类是将依赖中介分为两种类型:保险代理(法人代理)和多代理。至于乌克兰保险市场,两种类型的保险代理人都在那里活动。综合现代的分类,我们挑选出两种类型的经纪人:保险经纪人和再保险经纪人。最具争议性和正确性的是基于论文对保险调解人的依赖性进行分类:依赖型保险调解人(保险代理人(例外)、多代理人)和独立型保险调解人(保险、再保险经纪人)。第一类保险调解员——保险代理人——代表保险公司的利益行事的自然人和法人,也就是说,他们履行保险公司的职能。第二类是保险(再保险)经纪人,他们是法人和自然人,注册为创业企业实体,代表他们在与保险公司签订保险合同的基础上进行保险活动,并收取保险费用。直接调解人包括保险代理人、保险经纪人和再保险经纪人。非直接调解员是专业估计保险风险的人员(承保人、测量员)和估计保险损失的人员(应急委员、海损理算员)。
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The essence and classification of insurance mediation: European and Ukrainian experience
According to the European tradition, the essence of insurance mediation is defined as the activity connected with signing and realization of insurance contracts. The most argument and adapted to realities of the Ukrainian insurance market is the definition of the essence of insurance mediation represented in the new version of Ukrainian Law «About insurance». Based on the thoughts of scientists, we propose the author definition of the essence of insurance mediation as the activity directed by mediators to the investigation, and analysis of the insurance market; the presentation of its possibilities to the clients-insurers; supplying with some recommendations; preparing of insurance contract, signing/accompanying during its signing by clients; compensation payment to clients according to the insurance contract; the work with clients for extension of insurance cooperation. The essence of insurance mediation also concerns to the sales of insurance products from one entity (the insurance company) to another (the client). The ES Directives propose the classification of insurance mediators into «dependent» and «independent». According to the traditions of the world mediation, dependent i mediators are agents that act on behalf of an insurance company; independent mediators are brokers. In the world practice, a popular classification is that one classifying dependent mediators into two types: insurance agents (corporative agents) and multi agents. As for the Ukrainian insurance market the both types of insurance agents act there. Generalizing modern classifications, we single out two types of brokers: insurance brokers and reinsurance brokers. The most argument and right is the classification based on thesis about the dependence of insurance mediators: dependent insurance mediators (an insurance agent (exceptional), multi agent) and independent (an insurance, reinsurance broker). The first group of insurance mediators – insurance agents – physical and legal individuals, that act on behalf of and according to interests of an insurer, that is, they perform the insurer’s functions. The second group is insurance (reinsurance) brokers who are legal and physical individuals, that are registered as the entities of entrepreneurial business and they perform the insurance activity on behalf of them and on the basis of insurance contract with the insurer and receive money for it. Direct mediators are insurance agents, insurance brokers, and reinsurance brokers. Non-direct mediators are persons that professionally estimate insurance risks (underwriter, surveyor) and persons that estimate insurance losses (emergency commissar, average adjuster).
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