Amendments to the Customer Services Regime of the Insurance Industry

The “Department of Guidance and Assistance to the Insured” (“DOAA”, after its Spanish name) was created in June 2011, within the Argentine Superintendence of Insurance (“SSN”, after its Spanish name). In addition, it was established that insurers must set up their own “Insured Customer Services” (see Insurance News # 5 - "New Insurance Customer Services").

Based on the experience gained since the establishment of the DOAA, and in connection with the objectives set up within the framework of the National Strategic Insurance Plan, the SSN, through Resolution No 37,588 (the “Resolution”), modified some aspects of the insurance customer service regime (the “Regime”), (see also Insurance News # 9 – “Amendments to the Assistance to the Insured System in the Department of Guidance and Assistance to the Insured”).

The Resolution modified the term “alternates” for the term “assistants”, used in reference to persons assisting those responsible for the insured customer services within each company. The Resolution also established that persons responsible for insured customer services and their assistants cannot engage in other activities within the company, except:

- When an insurer has fewer than 100 employees: assistants may engage in other activities.

- When an insurer has fewer than 40 employees: both the person responsible for the insured customer services and his or her assistants may engage in other activities.

The new Regime authorized the DOAA to make complementary requests to the insured customer services of an insurance company, which must be answered by the insurer within five business days, and reduced to one the potential extension requests made by insurers to comply with DOAA’s queries. Such extension must be requested at least two business days before the expiration date.

The new Regime enabled the DOAA to hold hearings at the request of an insured, with the participation of petitioners, insurers, brokers and agents.

The Resolution also established a toll-free number (0-800-666-8400) and a webmail address (“consultasydenuncias@ssn.gob.ar”) for the DOAA. This information, along with the SSN’s telephone number and the registration number of the insurer with the SSN, must be exhibited in every advertisement made by an insurer’s home office, branch or agency, and on its webpage. The term to comply with this duty is 60 days from the publication of the Resolution in the Official Gazette.

The new Regime increased the contents of consumer courses that responsible officers and assistants must attend.

Lastly, the SSN will exceptionally accept claims that have not been previously put to an insurer’s insured customer service. These claims will be submitted to the pertinent insured customer service to be handled as required by the applicable regulations.