Amendments to the Assistance to the Insured System in the Department of Guidance and Assistance to the Insured

Last June, 2011, the Argentine Superintendence of Insurance ("SSN" after its acronym in Spanish) issued Resolution No. 35,840 which created the Department of Guidance and Assistance to the Insured ("DOAA", after its acronym in Spanish), a specialized organism that aims to protect, promote and preserve the rights of the insured (see Insurance News # 5 - "New Insurance Customer Services").

Now, by Resolution No. 36,375 (the "Resolution"), the SSN amended Resolution No. 35,840 in connection with certain aspects of the handling of queries and claims by the DOAA.

The Resolution broadens the number of persons entitled to receive guidance by and submit claims, which was previously limited to the "insured and/or beneficiaries" and now include "policyholders, insured, beneficiaries and/or successors", adjusting the entire Resolution and its exhibits, to the new definition of “subjects”.

The new regulation affords the possibility of appointing two alternates for the responsible officer in the Insured Customer Service of the insurer, and requires evidence that the responsible officer and alternates receive a minimum annual training of 32 hours in matters related with consumer protection.

The Resolution introduces a new duty in the DOAA to set yearly the minimum contents to be delivered in the courses to the responsible and alternates of the Insured Customer Service of the insurance companies.

The Resolution adds to the responsibilities and tasks of the Insured Customer Service within the insurance companies the duty to submit to the DOAA every two months, a digital report on the complains and claims received by the insurance company, indicating number of claims, order number, registry on filling desk, the decision in each case and pending claims status.