2024-12-12
Added · Updated
The Central Bank of Jordan establishes the Insurance Dispute Resolution Committee to adjudicate claims from policyholders and beneficiaries against insurance companies, specifically covering vehicle insurance of any value and other insurance claims up to 50,000 JOD. The regulations mandate a pre-payment service fee of 3% of the claim value (between 50 and 1,000 JOD), require a mandatory five-day period for amicable settlement prior to committee review, and set a three-month deadline for the committee to issue decisions. These decisions are binding on insurance companies but remain optional for complainants, who retain the right to pursue legal action.
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[Central Bank of Jordan Logo]
Number: 20267/3/17 Date: 2024/6/11 Corresponding Date: 2024/12/12
Dear Respected Insurance Companies, Subject: Insurance Dispute Resolution Committee Instructions
Greetings,
Based on the provisions of Article (87) and paragraph (b) of Article (109) of the Insurance Activities Regulation Law No. (12) of 2021, please find attached Instructions No. (16) of 2024 "Insurance Dispute Resolution Committee Instructions" issued pursuant to the Board of Directors of the Central Bank decision No. (211/2024) dated 2024/11/25.
Please accept our highest respect,
Governor Dr. Adel Al-Sharkas
Copy to: Jordanian Union of Insurance Companies.
P.O. Box 37 • Amman 11118 Jordan • Phone 4630301 Fax 4638889 • Website: www.cbj.gov.jo • Email: info@cbj.gov.jo Form (1/1-11)
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[Central Bank of Jordan Logo]
Number: 19886/3/17 Date: 2024/6/17 Corresponding Date: 2024/12/8
[Central Bank of Jordan Logo]
Insurance Dispute Resolution Committee Instructions No. (16) of 2024
Issued pursuant to the Board of Directors of the Central Bank decision No. (211/2024) dated 2024/11/25
P.O. Box 37 • Amman 11118 Jordan • Phone 4630301 Fax 4638889 • Website: www.cbj.gov.jo • Email: info@cbj.gov.jo Form (1/1-11)
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Instructions No. (16) of 2024 Insurance Dispute Resolution Committee Instructions Issued by the Board of Directors of the Central Bank pursuant to the provisions of Article (87) and paragraph (b) of Article (109) of the Insurance Activities Regulation Law No. (12) of 2021
| Subject | Page |
|---|---|
| Article (1): Title and Enforcement | 2 |
| Article (2): Definitions | 2 |
| Article (3): Formation of the Committee | 2 |
| Article (4): Mechanism for Submitting Complaints to the Committee and Procedures | 3 |
| Article (5): Service Fees | 4 |
| Article (6): Committee Powers | 4 |
| Article (7): Seeking Opinions from Experts and Specialists | 4 |
| Article (8): Committee Meetings | 5 |
| Article (9): Committee Decisions | 5 |
| Article (10): Cases Where the Committee Does Not Adjudicate Disputes and Loss of Jurisdiction | 6 |
| Article (11): General Provisions | 6 |
| Article (12): Notification | 6 |
| Article (13): Repeal | 7 |
| Article (14): Issuance of Decisions | 7 |
| Appendices | 8 |
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Article (1): Title and Enforcement These Instructions shall be known as the "Insurance Dispute Resolution Committee Instructions of 2024" and shall be effective as of the date 2024/11/25.
Article (2): Definitions a- The words and phrases appearing in these Instructions shall have the meanings specified below, unless the context indicates otherwise:
b- Definitions for words and phrases appearing in the Law shall be adopted wherever they appear in these Instructions, unless the context indicates otherwise.
Article (3): Formation of the Committee a- The Governor shall form a committee of experts and specialists to adjudicate insurance disputes where it is evident that the complainant has exhausted amicable means to resolve their dispute with the insurance company, as follows:
b- The Governor shall form the Committee consisting of a Chairman and four members of expertise and specialization, one of whom shall be designated as the Vice-Chairman, for a term of three years, renewable only once.
c- The Chairman shall appoint one of the Committee members as the Committee Secretary and a deputy.
d- The remuneration of the Chairman and Committee members shall be determined by a decision of the Governor.
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Article (4): Mechanism for Submitting Complaints to the Committee and Procedures a- The complainant or their legal representative shall submit their complaint to the Committee according to the form attached to these Instructions, accompanied by all relevant documents supporting the complaint.
b- The insurance company against which the complaint is filed shall be notified of the complaint's content within five working days from the date the complaint is registered with the Committee.
c- The insurance company shall be granted a period not exceeding five working days from the date of notification of the complaint to resolve the dispute between it and the complainant before the Committee proceeds to examine the substance of the complaint. The insurance company must, on the next working day following the expiration of this period, notify the Committee of the outcome reached to resolve the complaint's subject or state the reasons preventing the resolution of the dispute.
d- If the reasons for not resolving the dispute stem from the insurance company's denial of liability for the incident, the Committee shall examine the reasons provided by the insurance company. The complaint shall be returned if the insurance company's liability is not proven or is unclear.
e- If the dispute between the complainant and the insurance company is not resolved, or if the insurance company fails to fulfill its obligation stipulated in paragraph (c) of this Article, the Committee shall, within five working days after the collection of the service fees stipulated in these Instructions, set a date to examine the submitted complaint. The Committee shall return the complaint if the complainant fails to pay the service fees within a period of (14) days from the date of notification to the complainant.
w- The Committee shall examine the complaints submitted to it with neutrality and objectivity, taking into account relevant legislation concerning the subject of the complaint, including the Law, regulations, instructions, and decisions issued thereunder.
z- The Committee shall adjudicate the complaint presented to it as quickly as possible within a period not exceeding three months from the date of referral of the request containing all complete data and necessary documents for adjudicating the submitted complaint. The Governor may, upon a justified request from the Committee, extend this period for a duration deemed appropriate.
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Article (5): Service Fees a- The Central Bank shall collect a service fee from the complainant in advance at a rate of (3%) of the complaint's value, provided it is not less than fifty Dinars and not more than one thousand Dinars. Fractions of the Dinars determined according to the provisions of these Instructions shall be considered as Dinars and collected on this basis.
b- In complaints where the value cannot be determined, a service fee shall be collected as assessed by the Committee and approved by the Governor, provided it is not less than fifty Dinars and not more than one thousand Dinars.
c- If the Committee suspects at any stage of the examination of the complaint regarding the accuracy of the complaint's value stated by the complainant, the Committee shall assess the value, subject to the Governor's approval, and instruct the complainant to pay the difference between the service fee paid in advance and the due fee based on the assessed value according to the provisions of this paragraph.
d- If the complainant fails to pay the difference in service fees according to the provisions of paragraph (c) of this Article within the period specified by the Committee, the Committee shall return the complaint.
e- The service fee shall be refunded to the complainant if it becomes apparent to the Committee that it lacks jurisdiction to examine the complaint.
Article (6): Committee Powers The Committee may, in the exercise of its duties, do the following: a- Request the parties to the complaint or any other entity designated by the Committee to provide any documents, data, or information related to the subject of the complaint within the period specified for that purpose. The Committee may allow any party to the complaint to access the documents, data, or information it obtained according to the provisions of this paragraph if it deems it necessary.
b- Summon the parties to the complaint or their representatives whenever necessary, requiring them to attend at the time and place determined by the Committee and to cooperate with it in carrying out its work.
Article (7): Seeking Opinions from Experts and Specialists a- The Committee may seek the opinion of experts and specialists, such as consultants, experts, and loss adjusters, as appropriate, to provide a report on certain matters arising in the subject of the complaint. The Committee may invite any of them and discuss the contents of their report. Their fees shall be determined by a decision of the Governor based on the Committee's proposal.
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These fees shall be collected in advance from the complainant, with the losing party in the complaint ultimately bearing these fees. The Committee shall return the complaint if the complainant fails to comply with paying the value of the fees according to the provisions of this paragraph.
b- It is prohibited for any of the persons referred to in paragraph (a) of this Article to have a direct or indirect benefit or connection in the subject of the complaint presented to the Committee, or what constitutes a conflict of interest or affects their independence and neutrality. They must, before the issuance of a decision appointing them, submit a written declaration of the absence of such cases according to the declaration form attached to these Instructions.
c- The parties to the complaint shall provide all documents, data, and information related to the subject of the complaint to the persons referred to in paragraph (a) of this Article and cooperate with them, enabling them to access, inspect, and examine the documents, data, and funds related to the subject of the complaint.
Article (8): Committee Meetings a- A Committee meeting is legally constituted with the presence of a majority of the members, including the Chairman or their deputy, and the Committee Secretary or their deputy. The Committee shall take its decisions by a majority of at least three votes. No attendee may abstain from voting. If a member violates this, they must record their objection and its reasons in the decision issued by the Committee.
b- In case of a tie in votes, the side supported by the Chairman or their deputy (in case of absence) shall prevail.
c- The minutes of each session held by the Committee shall be recorded in a special file for the complaint, organized for this purpose by the Committee Secretary or their deputy. Each page of the file shall be signed by the Chairman and Committee members.
Article (9): Committee Decisions a- The Committee's decision must include the names of the parties to the complaint, a summary of the complaint's facts, the reasons for the decision, its date, the names of the Chairman and Committee members who participated in its issuance, and a statement of the party or parties who will bear the service fees and fees stipulated in these Instructions. Each page of the decision shall be signed by the Chairman and Committee members.
b- The Committee's decision shall be binding on the insurance company if the complainant accepts it. The parties to the complaint shall be notified of the decision issued by the Committee by the Chairman or their deputy in case of absence.
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c- The insurance company shall be obliged to execute the Committee's decision within a period of ten working days from the date of notification of the decision, under penalty of legal liability.
d- The decision issued by the Committee is not binding on the complainant, who has the right to resort to the competent court regarding the subject of the submitted complaint.
Article (10): Cases Where the Committee Does Not Adjudicate Disputes and Loss of Jurisdiction a- The Committee shall not adjudicate disputes that are pending before the judiciary, arbitration, or mediation at the time of submitting the complaint, or disputes that fall outside its jurisdiction, or if it becomes apparent to the Committee that the complaint submitted by the complainant has already been adjudicated.
b- The Committee loses its jurisdiction to examine the complaint presented to it in any of the following cases:
Article (11): General Provisions a- It is prohibited for the Chairman or any Committee member to have a direct or indirect interest or benefit in the complaint presented to the Committee. If such interest or benefit becomes apparent, the Chairman or member must declare it and withdraw from the meeting, and any of them shall be replaced by a decision of the Governor.
b- The provisions of these Instructions do not apply to complaints submitted to the Committee before their enforcement.
c- The Governor may delegate any of their deputies the powers vested in them by these Instructions.
Article (12): Notification Any notification according to the provisions of these Instructions may be carried out by sending a text message or via email or using one of the electronic means determined by a decision issued by the Governor for this purpose.
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Article (13): Repeal The Committee formed pursuant to these Instructions shall apply the Insurance Dispute Resolution Committee Instructions No. (5) of 2004 and its amendments to complaints submitted before the issuance of these Instructions.
Article (14): Issuance of Decisions The Governor shall issue the necessary decisions to implement the provisions of these Instructions based on the Committee's proposal.
Chairman of the Board of Directors of the Central Bank [Signature]
• Appendix
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Appendix No. (1)
Complaint Form Submitted to the Insurance Dispute Resolution Committee / Central Bank of Jordan
Complainant Name: ..........................................................................
Insurance Company Name: .......................................................................
Subject of Complaint: ........................................................................
Value of Complaint: ..........................................................................
Summary of Facts: ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................ ................................................................................................
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Supporting Documents for Complaint (Attached): (1 .......................................................................................... (2 .......................................................................................... (3 .......................................................................................... (4 .......................................................................................... (5 .......................................................................................... (6 ..........................................................................................
Stamp
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Appendix No. (2)
Written Declaration
I, ................................., in my capacity as a candidate nominated by the Insurance Dispute Resolution Committee / Central Bank of Jordan as an expert and specialist to express an opinion on the complaint of Mr./Ms. ................................. against ................................. in their personal capacity/representing ................................. for the purpose of providing a report on this matter, declare that there is no direct or indirect benefit or connection in the subject of the aforementioned complaint presented to the Insurance Dispute Resolution Committee / Central Bank of Jordan, nor anything that constitutes a conflict of interest or affects my independence and neutrality.
I also declare that I am responsible for the accuracy of the information stated above, and in the event of any subsequent changes to the aforementioned information, I will provide the Insurance Dispute Resolution Committee / Central Bank of Jordan with such information.
Signature: ................................. Name: ................................. Date: .................................
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Complaint Number: Complaint Date:
Appendices to the Declaration
Details of Academic Qualifications and Professional Certifications Obtained | Academic Degree / Professional Certificate - if any - | Specialization | Country / Scientific Institution | Year Obtained | | :--- | :--- | :--- | :--- | | | | | | | | | | | | | | | |
Details of Professional Experience | Professional Experience | Description | | :--- | :--- | | | |