French Insurance Code
In forceI.-The distribution of insurance or reinsurance is the activity which consists of providing recommendations on insurance or reinsurance contracts, presenting, proposing or assisting in the conclusion of these contracts or carrying out other work preparatory to their conclusion, or contributing to their management and performance, particularly in the event of a claim.
The provision of information on one or more insurance contracts according to criteria chosen by the policyholder or member on a website or by other means of communication and the establishment of a classification of insurance products including a comparison of prices and products, or a premium discount, where the policyholder or member can conclude the contract directly or indirectly by means of the website or by other means of communication, is also considered to be the distribution of insurance.
II.-The following activities are not considered to be the distribution of insurance or reinsurance within the meaning of I:
1° The provision of information on an occasional basis as part of another professional activity when :
a) The supplier does not take other steps to assist in the conclusion or performance of an insurance contract;
b) The purpose of these activities is not to assist the policyholder or member in the conclusion or performance of a reinsurance contract;
2° The activity consisting exclusively in the management, assessment and settlement of claims;
3° The simple provision of data and information on potential policyholders to insurance or reinsurance intermediaries, insurance undertakings or reinsurance undertakings, where the supplier does not take other measures to help the policyholder or member to conclude an insurance or reinsurance contract;
4° The simple provision of information on insurance or reinsurance products, on an insurance or reinsurance intermediary, or on an insurance or reinsurance undertaking to potential policyholders, where the supplier does not take other measures to help the policyholder or member to conclude an insurance or reinsurance contract.
III.A distributor of insurance or reinsurance products is any insurance or reinsurance intermediary, any incidental insurance intermediary or any insurance or reinsurance undertaking.
An insurance or reinsurance intermediary is any natural or legal person other than an insurance or reinsurance undertaking and its staff and other than an incidental insurance intermediary who, for remuneration, takes up or pursues the activity of distributing insurance or reinsurance.
Any person other than a credit institution, an investment firm or a finance company who, for remuneration, takes up or pursues the activity of distributing insurance is an insurance intermediary on an ancillary basis, provided that the following conditions are met:
1° The distribution of insurance does not constitute the principal professional activity of this person;
2° The person only distributes insurance products which constitute a complement to a good or service;
3° The insurance products concerned do not cover life insurance or civil liability risks, unless this cover constitutes a complement to the good or service provided as part of the intermediary's principal professional activity.
IV.For the business of insurance distribution, the employer or principal is civilly liable, in accordance with the provisions of article 1242 of the Civil Code, for damage caused by the fault, imprudence or negligence of its employees or agents acting in this capacity, who are considered, for the application of this article, as agents, notwithstanding any agreement to the contrary.
V.-A decree of the Conseil d'Etat shall specify the conditions of application of this article.
