Abstract

Insurance agents and brokers are confidants of secrets entrusted to them by their clients. Those secrets are systemically dis­closed to insurance companies upon conclusion of insurance contracts, as a result of which they become covered by another protection regime, namely insurance secrecy. Insurance brokers face a dilemma which information should be disclosed to insurance company in the course of performing brokerage services, and which should be withheld or remain undisclosed. In turn, the scope of secrets to be protected by agents depends on “insurance forms” prepared by insurance company. Insu­rance agents are subject to supervision by insurance companies, while insurance brokers to public supervision by the Financial Supervisory Authority, and are held liable for infringement of the duty to protects secrecy in insurance mediation. Moreover, they are liable in tort and in contract as described in the provisions of the Civil Code. The duty of confidentiality in insurance mediation professions plays an important social function and contributes to building confidence in the insurance market institutions, including the institution of insurance mediation.