Motor vehicle liability insurance: freedom to provide services

To bring compulsory third-party motor vehicle insurance within the scope of second non-life insurance Council Directive 88/357/EEC (see summary 4.2.8a).

ACT

Council Directive 90/618/EEC of 8 November 1990, amending, particularly as regards motor vehicle liability insurance, first Council Directive 73/239/EEC and second Council Directive 88/357/EEC on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance.

SUMMARY

The Directive applies to the provision of third-party motor vehicle insurance by an insurer established in one Member State in respect of vehicles registered in other Member States.

Two classes of risk, namely class 10 (motor vehicle liability) and class 3 (damage to or loss of land motor vehicles or other land vehicles), are now to be included in the second Directive system which distinguishes between large risks and mass risks with corresponding degrees of supervision by home and host countries.

Classes 10 and 12 (Italian motorboat risks) are now to be included in the freedom-of-services provisions of the second Directive, and thus may now be covered by way of provision of services by insurers in other Member States.

A new group of classes entitled "motor insurance" is to be introduced for the keeping of gross premium statistics in respect of the business written by each insurance company by way of provision of services in a given country.

The Member State of provision of services must require the services undertaking to become a member of, and participate in the financing of, its national motor insurers' bureau and its national guarantee fund. The membership contributions should be based only on the premium income from this insurance class in the State in question or the number of vehicles insured, i.e. an annual membership fee or minimum contribution may not be required.

Insurers must appoint a representative in the Member State of provision of services, responsible mainly for collecting information and representing the insurer in relation to persons pursuing claims or seeking redress before the courts or authorities of that State. The Member State of provision of services may require the representative to help it verify the existence and validity of insurance cover.

Last updated: 06.07.2005