Statutes of the Insurance Ombudsman

Art. I

Alternative dispute resolution

Alternative Dispute Resolution (ADR) refers to a process for resolving disputes that arise from or are related to insurance contracts (referred to as "consumer disputes") between a consumer and an insurance company. This includes disputes involving a branch of a foreign insurance company, a branch of an insurance company from another Member State, or an insurance company from another Member State that operates under the right to freely provide services and is a member of the Slovak Association of Insurance Companies (SLASPO). The primary goal of ADR is to reach an amicable resolution between the parties involved in the dispute.

Art. II

Establishment of the Insurance Ombudsman Office

1. The Slovak Association of Insurance Companies (SLASPO) serves as an entity for alternative dispute resolution (ADR) in the area of consumer protection. According to Article I, point 1, letter f) of the Statutes of the Slovak Association of Insurance Companies, SLASPO facilitates ADR between insurance companies and their clients—consumers—in disputes that arise from or are related to consumer contracts. To manage this responsibility, SLASPO has established a special unit called the Insurance Ombudsman Office.

2. The creation and operation of the Insurance Ombudsman Office align with Act No. 391/2015 Coll., which pertains to the alternative resolution of consumer disputes and transposes Directive 2013/11/EU of the European Parliament and Council dated May 21, 2013, concerning alternative dispute resolution for consumer disputes. Additionally, the ombudsman's activities are regulated by Regulation (EU) No. 524/2013 of the European Parliament and Council of May 21, 2013, regarding the online resolution of consumer disputes.

3. SLASPO is officially registered as an alternative dispute resolution (ADR) entity in the list maintained by the Ministry of Economy of the Slovak Republic. This Ministry also oversees and supervises SLASPO’s ADR activities to ensure compliance with legal standards.

Art. III

Persons acting on behalf of the Ombudsman

1. The activities of the Insurance Ombudsman Office are carried out by authorized persons who are employed by SLASPO. These individuals are responsible for managing and resolving disputes through ADR processes.

2. In handling ADR cases, authorized persons must operate independently and impartially. They are expected to perform their duties with professional care, ensuring that the rights and legitimate interests of all parties involved in the dispute are adequately protected and considered.

Art. IV

Submission of a proposal for ADR

1. Only a consumer who is a natural person can submit a proposal for ADR. This consumer must not be acting within the scope of their business activity, employment, or profession when concluding and fulfilling a consumer contract.

2. Before submitting a proposal for ADR, the consumer must first make an effort to resolve the dispute directly with the insurance company. This typically involves submitting a request for correction or a complaint to the insurance company. The consumer may then approach the Insurance Ombudsman’s Office if they are dissatisfied with how their request or complaint was handled, or if they believe their rights have been violated by the insurance company.

3. The proposal can be submitted in writing, electronically or orally in the minutes. The proposal submission form is available on the SLASPO website.

Art. V

ADR procedure and termination options

1. The details of the ADR process are governed by a special document titled "Rules for Alternative Dispute Resolution”.

2. ADR can be terminated in the following ways:
3. a) by concluding a dispute resolution agreement
4. b) issuing a reasoned opinion
5. d) postponing the proposal,
6. e) death or declaration of death in the event that a party to the dispute, who is a natural person, dies or is declared dead,
7. f) due to the dissolution of the Insurance Ombudsman Office,
8. g) by deleting SLASPO from the list of the Ministry of Economy of the Slovak Republic.

3. Authorized persons involved in the ADR process must maintain confidentiality regarding all facts discovered during the ADR, in accordance with valid legal regulations.

Art. VI

Dissolution of the Insurance Ombudsman Office

1. The Insurance Ombudsman Office will be dissolved by a decision of the SLASPO Assembly. Upon adoption of this decision, the SLASPO Secretariat is responsible for submitting a request to the Ministry of Economy of the Slovak Republic to remove SLASPO from the list of approved ADR entities.

2. The SLASPO Secretariat will inform its members about the decision to dissolve the Ombudsman’s Office.

Art. IX

Joint provisions

1. The Statute of the Insurance Ombudsman Office was adopted by SLASPO and became effective on February 1, 2017.

2. Any changes to the statute are accepted by SLASPO following discussions with the professional sections.