“According to DIRECTIVE (EU) 2016/97 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 January 2016 on insurance distribution (recast)

Article 2

Definitions

2. For the purposes of paragraph 1, points 1) and 2), none of the following activities shall be considered as insurance or reinsurance distribution:

(b) the management, on a professional basis, of the claims of an insurance or reinsurance undertaking as well as the activities of assessment and settlement of claims;

According to the national rule all legal professionals, in particular lawyers and notaries, are required to take out professional civil liability insurance to cover their professional errors. In the event of a dispute with their client, an attempt at an amicable settlement is mandatory. The means is that the professional civil liability of a lawyer or a notary is engaged. In general, the claim must be addressed directly to the lawyer or notary, who is required to report a claim to his insurer, who is responsible for managing claims related to professional negligence.

As part of their professional practice, the bodies authorized by notaries and lawyers create and own (in whole or in part via capital participations) companies that carry out the activity of insurance broker.

The insurance brokers concerned exercise in particular the management of claims and damages covered by the Professional Civil Liability insurance contract of lawyers and notaries. This management includes the assessment by a specialized consultant of the same insurance broker to determine whether or not the claim can be favorably received. (the legality of this activity depends on the interpretation of national legislation.)

My question concerns the regulations in force in the European Union:

Are insurance brokerage companies owned by bodies of notaries and lawyers in a situation of conflict of interest when there is:

- the questioning of the neutrality and impartiality with which the person must carry out his mission because of his personal interests,

- the ability of a person (legal or natural) to exercise impartial judgment or to fulfill a fiduciary obligation is compromised by a personal, professional or financial relationship,

- the situation where the personal or financial interest of the individual conflicts with his professional or legal obligations.

And

Does this activity fall within the concept of a misleading commercial practice, concerning - The handling of complaints and consumer rights.

Or,

There is no violation of the regulations and law of the European Union.

In any case, if my question does not fall within your area of ​​expertise, I would be grateful if you could inform me of the competent department.”