Insurance broker in public contract for property insurance of a medical entity

Abstract

The article is an original work, dedicated to the role of an insurance broker in the process of an award of a contract for property insurance by healthcare institutions under the regime of the Public Procurement Law. An overwhelming number of healthcare institutions contracting insurance, are obliged to conduct a public procurement procedure. Insurance services are not objectively excluded from the application of the Public Procurement Law. The contracting authority may conduct the procedure itself, or in cooperation with an insurance intermediary, such as an insurance broker. The insurance broker may conduct the procedure by proxy, or may participate in the procedure as an expert or member of the tender committee. The participation of an insurance broker does not relieve the contracting authority’s manager of responsibility for the conduct of the procedure. Controversy arises over the brokerage form of the remuneration, but an analysis of law regulations and insurance practices, makes it possible to conclude that there is no conflict of interest in terms of the Public Procurement Law. The aim of the research is to analyze the role of the insurance broker in public procurement procedures and the potential for conflicts of interest. The scope of the research includes healthcare institutions, insurers and insurance brokers, operating in the territory of the Republic of Poland, since the commencement of law of September 11, 2019, Public Procurement Law. The above subject is not is not widely addressed in jurisprudence and doctrine, which positively influences the originality of the results and significant cognitive value.