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Consumer Facing Artificial Intelligence Challenges in the Insurance Market

The Polish Insurance Distribution Act implementing the IDD Directive imposed on all insurance distributors a duty to ascertain customers’ demands and needs on the basis of information obtained from them. Legal doctrine holds that the distributor shall not refuse to conclude the insurance contract if the customer does not provide relevant information. Some authors claim that the refusal to provide a distributor with relevant information is tantamount to the customer’s waiver of demands and needs analysis. The article criticises not only this viewpoint but also practices developed by some insurance distributors who persuade their clients to sign the standard waiver form. According to the author, distributors should explain to their clients the importance of the demand and needs test rather than try to release themselves from the obligation to carry out such an analysis. In the author’s opinion, the refusal to provide the distributor with certain information may release him from the liability for failing to ensure that the insurance contract meets the customer’s demands and needs only in respect of this particular piece of information. Persuading the client to sign the standard waiver form without trying to elicit the relevant information should be treated as contrary to law or principles of social coexistence (good commercial practices). In such a situation, the client’s signature will not produce any legal effects.

