Non - Banking Financial

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What are the terms of reference of the committee and its formation?
According to article 48 (bis) 7 of the Executive Regulation of Supervision and Control of Insurance Law, FRA’s chairman shall form a standing committee to settle dispute between the insured- beneficiary of the insurance policy- and the insurance companies. The committee shall be headed by FRA’s chairman or his authorized representative and the membership of those he chooses. The committee shall include the chairman of the competent union or his authorized representative. In this respect, FRA’s chairman issued decision no. 120 of 2009 regarding forming a standing committee to settle disputes in insurance, mortgage finance and financial leasing. The decision allowed the assistance of FRA’s personnel or employees at other bodies subjected to FRA’s supervision to carry out the committee’s mission without having a vote in the taken decisions. The committee shall have the right to listen to complainant or his representative or the representative of the compliant of.

Who have the right to resort to the committee?
- The insurer or the beneficiary of the insurance policy shall resort to FRA when the company refuses to pay the amount of compensation in whole or in part.
- Investors in mortgage finance contracts
- Lessee in financial leasing contracts

Is there a specific date for issuing the committee’s decision?
The committee shall issue its decision within two months starting from the date of application.

Shall the Committee issue its decisions unanimously?
According to article 2 of FRA’s chairman decision no. 120 of 2009, the Committee’s meeting shall not be deemed valid only in the presence of two-thirds of the members. Its decisions shall be approved by a majority of the members present, in the case of equal votes; the decision of the side represented by the chairman shall be taken.

What is the kind of decisions issued by the committee?
According to decision no. 599 of 2001 issued by Minister of Economy and Foreign Trade, these decisions are not binding, without prejudice to the right of the insurer or beneficiary of the insurance policy to resort to the court. Any of the two parties of the conflict shall obtain an official copy from the committee’s decision to submit it to the competent court. The court shall not abide by the committee’s decision.

Shall the complainant present his complaint directly to the committee?
The insurer or the beneficiary of the insurance policy shall not present his complaint directly to the settlement of disputes committee . He has the right to submit his complaint to the General Department of Complaints and Anti-fraud which shall review the dispute between the two parties and express its opinion in that regard within a month from the date of application. The Department shall recommend submitting the issue to settlement of dispute committee. After gaining the approval of FRA’s chairman and according to the recommendation of the General Department of Complaints and Anti-fraud, the complain shall be presented to the committee.