EC published, in the Official Journal of the European Union, as communicated by the respective member states, particulars that must be given in the certificate which a non-life insurance undertaking must issue to an insured person where that member state requires proof that the obligation to take out insurance has been complied with. The list was published pursuant to Article 179(4) of the Solvency II Directive (2009/138/EC). The information has been published for Belgium, Bulgaria, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the UK.
As per Solvency II under the applicable law and conditions of direct insurance contracts, non-life insurance undertakings may offer and conclude compulsory insurance contracts under certain set conditions. Where a member state imposes an obligation to take out insurance, an insurance contract shall not satisfy that obligation unless it complies with the specific provisions relating to that insurance laid down by that member state. Where a member state imposes compulsory insurance and the insurance undertaking is required to notify the supervisory authorities of any cessation of cover, such cessation may be invoked against injured third parties only in the circumstances laid down by that member state. A member state may require that the particulars include a declaration by the insurance undertaking to the effect that the contract complies with the specific provisions relating to that insurance. Article 179 (4) of the Solvency II Directive states that each member state shall communicate to EC the risks against which insurance is compulsory under its legislation, stating the following:
(a) The specific legal provisions relating to that insurance
(b) The particulars which must be given in the certificate which a non-life insurance undertaking must issue to an insured person where that member state requires proof that the obligation to take out insurance has been complied with
A member state may require that the particulars referred to in point (b) of the first subparagraph include a declaration by the insurance undertaking to the effect that the contract complies with the specific provisions relating to that insurance. EC shall publish the particulars referred to in point (b) of the first subparagraph in the Official Journal of the European Union.
Keywords: Europe, EU, Insurance, Solvency II, Insurance Contracts, Non-Life Insurance, EC
Previous ArticleCBIRC Notice on Regulating Structured Deposit Business of Banks
PRA published a set of questions and answers (Q&A) covering common queries regarding residential and commercial property valuations, for the purpose of the Capital Requirements Regulation (CRR), during the period of disruption caused by COVID-19 pandemic.
IOSCO proposed updates to its principles for regulated entities that outsource tasks to service providers.
MAS announced that the first phase of the Veritas initiative will commence with the development of fairness metrics in credit risk scoring and customer marketing.
BoE published the Statistical Notice 2020/4 to update the buy-to-let (BTL) Phase 2 and Phase 3 definitions for the Interest Rate Type data item.
FSI published a brief note that examines challenges facing the banking sector as a result of the payment deferral programs put in place to support borrowers affected by the COVID-19 pandemic.
PRA published the policy statement PS14/20, which contains the supervisory statement SS1/20 and the feedback to responses to the consultation paper CP22/19 on expectations for investment by firms in accordance with the Prudent Person Principle, or PPP, as set out in the Investments Part of the PRA Rulebook.
EBA published an opinion following the notification by the French macro-prudential authority, the Haut Conseil de Stabilité Financière (HCSF), of its intention to extend a measure introduced in 2018 on the use of Article 458(9) of the Capital Requirements Regulation (CRR).
As part of a Research Bulletin on the recent policy-relevant work, ECB published an article that examines the lessons learned from past crises for nonperforming loan resolution in the post COVID-19 period.
RBNZ published the financial stability report for May 2020. This review of the financial system in the country highlights that the economic disruption associated with COVID-19 will present challenges to the financial system.
ECB updated the guidance notes for reporting related to the statistics on holdings of securities by reporting banking groups (SHSG).