The Role of the Insurance Broker and the Right to Commission. Jurisprudential Analysis

Abstract

In a 2022 case, the Civil Chamber of the Colombian Supreme Court of Justice clarified the notion of insurance broker. Based on existing jurisprudential precedent, the Court recalled the essential elements of this legal institution, emphasizing the specific moment of its intervention in insurance production processes. Through this legal characterization, the Civil Chamber was able to distinguish the events in which the broker cannot be considered to have intervened in the insurance contractual business and deduce the non-existence of the right to the commission. This article analyzes Ruling SC1253 of April 26, 2022 and verifies, in comparative law, the current position on the issue of insurance broker's remuneration in the French jurisdictions.