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   Klachteninstituut Verzekeringen

 including:

Procedures (free of charge):

Insurance Ombudsman

a. Complaints and disputes, if they have been brought to the attention of the relevant Affiliated Parties and they have not been handled to the satisfaction of the consumer or the Affiliated Party has not responded within a reasonable term, as well as requests for information can be presented to the Ombudsman both verbally and in writing.

b. Complaints and disputes must be presented within one year after the relevant Affiliated Party has announced his final position to the complainant, or within one year after the expiry of a period of one month within which the complainant has given the Affiliated Party the opportunity to respond to the complaint in question.

c. If the person who presents a complaint or dispute to the Ombudsman does not fulfill the request to present the Ombudsman with (further) information within the stipulated period, he will be deemed to have withdrawn his request for handling the complaint or dispute and there will be no further handling thereof.

d. The Ombudsman will handle a complaint or dispute or request for information by:

e. The Ombudsman can at all times consult experts regarding complaints and disputes or requests for information presented to him.

Insurance ombudsman regulations (44 KB)

Insurance Supervisory Board

a. The Board will always consult and make decisions regarding matters placed before it with at least three members.

b. An investigation to be carried out by the Board will be commenced:

c. A request for carrying of an investigation will be presented to the Board, stating the name of the Affiliated Party in respect of whom an investigation is desired, stating furthermore all details known to the party requesting the investigation and upon submission of all those documents which could be useful for the investigation. In specific, the request will set out the facts and circumstances pursuant to which the requesting party believes that the relevant Affiliated Party has not maintained the good name/reputation of and confidence in the industry.

d. A request for carrying out an investigation as referred to in the preceding paragraph will only be taken into consideration if the consumer has presented his complaint to the Affiliated Party and the latter rejects such or has not responded within a reasonable period of time. If the Affiliated Party is bypassed and a complaint is presented directly to the Supervisory Board, the Board will advise the complainant to present his complaint to the relevant Affiliated Party.

e. A request for information and a complaint or a dispute which can be handled by mediation, will always be passed on to the Ombudsman. The parties involved will be informed in the event the matter is passed on to the Ombudsman. If a complaint does not contain any disciplinary aspects, the Board will hold the complaint to be inadmissible.

f. If the Ombudsman requests the Board to carry out an investigation on the basis of Article 8 of the Insurance Ombudsman Regulations, the Board will hold that by not complying with the recommendation the Affiliated Party is harming the good name/reputation of and confidence in the industry. The provisions of the preceding sentence do not apply if the Board is of the opinion that the recommendation of the Ombudsman, in connection with contents or manner of making, is not fair under the circumstances.

g. In the event of a whole or partial declaration that the complaint is well-founded, the Board will set out in its judgment the obligations of the Affiliated Party vis-à-vis the complainant.

Complaints or disputes are to be submitted in writing, preferably accompanied by prior correspondence containing the point of view of the parties involved. (for details on the procedure : Article 7 of the Insurance Ombudsman Regulations and, Article 6 of the Insurance Supervisory Board Regulations)

Insurance Supervisory Board Regulations (44 KB)

Nature of decisions:

Insurance Ombudsman

The Ombudsman will handle a complaint or dispute or request for information by presenting a substantiated, written recommendation which he exclusively discloses to the parties in question. The Ombudsman will request the Board to carry out an investigation in a case in which an Affiliated Party refuses to comply with a written recommendation given to him by the Ombudsman or has not made a statement that he will comply with a written recommendation made by the Ombudsman within a term fixed by the Ombudsman of at least fourteen days.

If the Ombudsman requests the Board to carry out an investigation on the basis of Article 8 of the Insurance Ombudsman Regulations, the Board will hold that by not complying with the recommendation the Affiliated Party is harming the good name/reputation of and confidence in the industry. The provisions of the preceding sentence do not apply if the Board is of the opinion that the recommendation of the Ombudsman, in connection with contents or manner of making, is not fair under the circumstances.

Insurance Supervisory Board

In the event of a whole or partial declaration that the complaint is well-founded, the Board will set out in its judgment the obligations of the Affiliated Party vis-à-vis the complainant.

The Board will present its substantiated decision to the complainant and the relevant Affiliated Party. The Board will also give notice of any decision relating to an Affiliated Party which is a member of a professional or industrial organization as set out in the appendix to the chairman of such organization.

 

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