The Reality of the Promised Increase in Customer Protection Under the Insurance Distribution Directive
AbstractThis chapter examines whether the rules regarding Insurance Product Information Documents mandated in Article 20 of the Insurance Distribution Directive, have, in reality, resulted in policyholders being able to easily and transparently compare different offers in the pre-contractual phase to determine whether an insurance product is appropriate for the policyholder.The format of the Insurance Product Information Document has been determined following thorough analytical work (such as EIOPA’s Draft Implementing Technical Standards concerning a standardised presentation format for the Insurance Product Information Document of the Insurance Distribution Directive of 7 February 2017, EIOPA-17/056, including the related consumer testing and consultations.). However, there are no guidelines or rules for insurers to follow when completing the Insurance Product Information Document. Based on an examination of selected insurance products from various insurers, this chapter concludes that there is a significant discrepancy between how different insurers complete the Insurance Product Information Documents. Such discrepancy occurs even when the cover offered by the insurers is identical or almost identical. This chapter discusses whether this is expedient and whether there is a need to draw up guidelines or rules on the completion of the Insurance Product Information Document in order to provide instructions to the insurers and to allow customers to make informed comparisons of insurance products.On the whole, this chapter concludes that there is a need for at least guidelines, if not regulation, if the Insurance Product Information Document is to be an effective and useful basis for comparison in the pre-contractual phase.