Mapping of claims against insurance intermediaries
Brokers make up the bulk of intermediaries in the Belgian market. Belgian law follows a clear rule: it does not make a distinction between the capabilities and performance of agents and brokers in terms of capacity and behaviour. Under Belgian law, all intermediaries must act in an “honest, fair and professional manner and serve the best interests of the client”. They owe clients extensive duties to advise, verify and warn. However, the courts have recently, and quite rightly, limited their duty to monitor the situation of insureds.