Flotilový způsob sjednávání pojištění čekají výrazné změny

Effective from 1 July 2025, an amendment to the Insurance Distribution and Reinsurance Act will be implemented. The amendment introduces new obligations for arranging so-called fleet insurance, defined as insurance wherein the customer does not enter into or sign their own individual insurance contract with the insurer but rather becomes an additional insured party under an existing insurance policy.

This insurance model is commonly used by leasing companies for vehicle insurance. Fleet insurance is also frequently applied in the area of corporate vehicle fleets, allowing businesses to insure multiple vehicles simultaneously, thereby simplifying administration and reducing insurance costs.

The amendment is a direct response to the ruling of the Court of Justice of the European Union in the case of TC Medical Air Ambulance Agency dated 29 September 2022, which clarified that the mediation of insurance also includes the activities of insurers offering participation in group (fleet) insurance with a claim to insurance benefits.

The amendment completely removes the concept that did not consider the activity of the insurer offering the possibility of becoming insured as insurance mediation.

Under the new regulation, the activities of insurers in the context of fleet insurance will be classified as insurance mediation, thereby granting fleet insurance customers (e.g., leasing users of vehicles) the same rights as those entering into their own insurance contracts. These rights include the right to receive confirmation of the arranged insurance, the right to insurance benefits in the event of an insured event, the right to transparent information regarding the terms of insurance, and the right to withdraw from the contract in accordance with applicable legal regulations. Concurrently, customers will be obligated to comply with the conditions established by the insurer, including timely reporting of insured events and provision of necessary documentation.

Entrepreneurs offering fleet insurance will need to obtain authorization from the Czech National Bank as insurance intermediaries, be registered in the relevant register, and fulfil the professional competence requirements for "insurance mediation by insurers", as well as other educational and continuing education requirements.

The amendment includes an extensive list of transitional provisions that provide insurers with sufficient time to comply with all new requirements, including registration obligations and new professional competence requirements. Those entrepreneurs who offered the possibility of becoming insured under the previous legal framework prior to the amendment’s enactment may continue to perform such activities under their existing authorization, but no later than 30 June 2027.

Authors:

David Hlaváček

Michal Sladký