( Información en Español ... / Français )
Insurance Intermediary - registered with the Spanish Insurance authorities
In Yunquera de Henares (Guadalajara), the …………… of ……………………… 200x…..
David Harris Geritie, with identity number DNI 70083651Y acting as legal representative of Mainly Health Plans SL based in Yunquera de Henares, Guadalajara province, postal code 19210, 7 Vizconde de Valoria street, and company registered number CIF B19250372
State that:
First. Activity.
· Mainly Health Plans SL is a linked insurance agency which undertakes a professional commercial activity, in compliance with article 20 of Law 26/2006, dated 17 July, about selling insurance and private re-insurance.
· By means of agency contracts with several insurance companies and inscription in the special administrative Register for insurance intermediaries, re-insurance brokers and top managers, there is an undertaking to sell insurance in accordance with article 2.1 of that law, in accordance with the terms agreed in the insurance contracts.
Second:
· Non exclusivity.
Mainly Health Plans SL is not contractually bound to sell insurance for any single insurance company. However, being an intermediary between policyholders and insured persons, on the one hand, and authorised insurance companies offering private insurance on the other hand, does not imply that the company provides advice based on the obligation of carrying out objective analysis.
Here you will find a current list of insurance companies with which agency contracts exist for the insurance product offered.
Third. Register.
· Mainly Health Plans SL is inscribed in the Special Administrative Registry for insurance intermediaries, re-insurance brokers and top managers maintained by the Spanish Insurance and Pension authorities (‘ Dirección General de Seguros y Fondos de Pensiones’), with registration number AJ0052 . This Register is public and can be consulted by writing to the ‘Dirección General de Seguros y Fondos de Pensiones’, or consulting the web page http://www.dgsfp.meh.es
Fourth. Customer Service.
· To attend and solve complaints and demands relating to the performance of its insurance agents, the insurance companies with which Mainly Health Plans SL has signed linked insurance contracts have Customer Service Departments. This Department is obliged to resolve any complaints or demands within 2 months of sending the complaint. If the client is dissatisfied with the answer, the client can access the service which defends insurance clients (the ‘Comisionado para la Defensa del Asegurado’), for which it is essential to show that the complaint or demand was submitted to the Customer Service of the relevant insurance company in writing.
Fifth. Personal Data Protection.
· In compliance with the Data Protection Law, of 13th December,(‘ Protección de Datos de Carácter Personal (LOPD)’) and the law about selling insurance and private re-insurance (Law 26/2006, of 17th July), the client is hereby informed that data of a personal nature requested will be processed and registered in a file.
The purpose of collecting and processing Personal Data is that of maintaining the relationship between Mainly Health Plans SL and its clients: the selling of insurance, as defined in article 2.1 of Law 26/2006, of 17th July, about selling insurance and private re-insurance, as a linked insurance agency.
Personal data must be provided given the need to maintain and carry out the service and will only be given to the insurance company with which an insurance contract is signed.
Furthermore, the client is informed of the right that can be exercised at any time, regarding personal data provided; the rights of access, rectification, cancellation and opposition to. The client has to contact the insurance company responsible for processing this data, at the address indicated on the insurance contract attaching this document to the contents.
The client Mr / Mrs…………(ref: )………………………………….
Identification number DNI………………………………………………………………..
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Your rights: Your rights under Spanish insurance law - and please print your quote for future reference! (even though this quote will remain online for your information...)
Right to information and client protection regarding insurance mediation.
Section 1. Information requirements for insurance intermediaries.
Article 42. Information the insurance intermediary has to provide before signing an insurance contract
1. Before signing an insurance contract, the insurance intermediary should, at the very least, provide the client with the following information:
a) his / her identity and address.
b) The Register in which he / she is registered, along with the means for this to be registration to be checked.
c) If he / she owns a direct or indirect holding of more than 10% in the company or in the voting rights of any specific insurance company. (No)
d) If any insurance company or holding company of of such a company owns a direct or indirect holding of more than 10% of the voting rights or capital of the insurance intermediary. (No)
e) The procedures set out in article 44, allowing consumers and other interested parties to present complaints about insurance intermediaries (or re-insurance intermediaries) and, if required, about procedures enabling out of court complaint settlement, as set out in articles 45 and 46 of this law. (see)
f) Dealing with personal data, in accordance with that established in article 5.1 of the Data Protection Law (la Ley Orgánica 15/1999), dated 13th December 1999. (Done by Sanitas)
2. Furthermore, with regard to the way insurance is offered and prior to signing an insurance contract:
a) Exclusive (tied) insurance agents must inform the client that they are contractually bound to undertake insurance activities exclusively with one company, or if duly authorised, with one other insurance company. In this case, if the policyholder wishes, the name of the other insurance company must be given.
'Multi-tied' insurance agents ('agentes de seguros vinculados') must inform the client that they are not contractually bound to undertake insurance activities exclusively with one or several insurance companies and that they do not provide advice in the same way as that objective analysis required of brokers (Independent Financial Advisers - IFAs). In this case, if required by the client, the names of the insurance companies for which insurance mediation is undertaken, or for those insurance products offered, should be given.
To enable clients to receive information they have a right to know about those insurance companies insurance agents work for, insurance agents must inform clients about the right to request this information.
b) Insurance offered via bank personnel, apart from the information provided in a), must inform the client that advice provided is given in order to sell insurance and not any other product the financial institution may sell.
c) Insurance brokers (IFAs) must inform the client that advice is given in accordance with section 4 of this article when undertaking objective analysis.
3. The right to have information before signing (as set out in the 2 previous texts) will also be applicable when the contract is modified if there are changes in the information given initially.
4. Advice related to undertaking objective analysis as required from insurance brokers (IFAs) will be given based on the analysis of sufficient insurance contracts offered in the market for the risks to be covered, so that a recommendation can be made, using professional criteria, about the insurance contract most suitable for the client's needs.
The existence of objective analysis based on a sufficient number of insurance contracts will be presumed in the the following cases:
a) When the insurance broker (IFA) has analysed in a general way, insurance contracts offered by at least three insurance companies that operate in the market for the risks to be covered.
b) When the insurance broker (IFA) has specifically designed insurance cover and negotiated with at least three insurance companies operating in the market for the risks covered, to offer the client those characteristics or meet the general needs the client has, exclusively based on the professional criteria of the insurance broker.
5. Specifically, based on information provided by the client, intermediaries must specify the requirements and needs of the client, apart from the motives that justify any kind of advice that could be given about a specific insurance product. These details have to resolve, at least, all the client's questions and related to the insurance contract proposed.
6. It won't be obligatory to provide the information described in previous paragraphs when a major risk is being insured: in those cases, re-insurance brokers won't be oblilgred either to provide the information set out in previous paragraphs.
7. Insurance intermediaries in the European Economic Zone operating in Spain under the freedom of movement or freedom for providing services must inform clients, in the same terms as set out in previous paragraphs, about whether advice is given based on objective analysis or if they are contractually bound to sell insurance exclusively with one or several insurance companies.
(rough translation 1/2009)
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