A.I.P.A.I. MEMBERS CODE OF ETHICS
Professional Code of Ethics
ART. I
In fulfilling their mandate, Members must scrupulously observe the professional code of ethics and specifically the code of conduct, in accordance with the objectives of the Association as outlined in art.3 of the Statute. Members agree to conduct their professional activity in a conscientious manner, honestly, objectively, independently, promptly, competently and with due respect.
Members who belong to firms or professional networks, whatever their status, are obliged to ensure that any assignments given to the firms to which they belong are fulfilled, with due respect for the consumer, solely by themselves or by parties working together with them and whom they deem to possess the necessary competence to carry out the required actions to a sufficient standard. In all cases, the Members alone will be responsible for the work of such parties.
ART. 2
Members must engage in morally impeccable conduct and faultlessly conform to fair trade practices when providing their services. This includes preparing conscientiously for each case they take on and being ready to perform all ensuing requirements.
ART. 3
Members must refrain from accepting claims where there is either an incompatibility or a conflict of interest.
ART. 4
Members, whatever Party they represent in an adversarial situation, must ensure that they adopt a fair, proper and mutually respectful attitude vis-à-vis their opponents, whether they are also Members of A.I.P.A.I. or not.
ART. 5
Members must avoid any actions which, however indirectly, could lead to them acquiring work which is in the process of being or has already been assigned to another colleague.
ART. 6
Any Member who is solicited for a case which has already been entrusted to another colleague must inform theaforementioned colleague and ensure that the retiring party is fully confident of their competencies. If this is not the case, their request must be submitted to the President of A.I.P.A.I for authorisation and must then be approved by two additional Advisors appointed by the President. Only then may the Member take on the case.
ART. 7
Members must avoid making critical or disparaging assessments of colleagues and their work. If called upon to provide a professional opinion on the work of a colleague, they must avoid using indecorous language and restrict themselves to objective evaluations.
ART. 8
Members must not carry out any actions aimed at hoarding clientele or work or advocating their own services in relation to a claim, whether remunerated or freely provided.
ART. 9
Any Member who, for professional reasons, deems it necessary to initiate civil proceedings against another Member of A.I.P.A.I. must inform the Association Board in advance and wait for approval.
ART. 10
Members must act with the utmost loyalty and fairness in their dealings with Principals, fulfilling the mandate with diligence whilst safeguarding the legitimate interests of the Principals.
ART. 11
Members must not bow to anyone attempting to pressure them to carry out or endorse actions which are professionally incorrect or which they simply deem unacceptable.
ART. 12
Members are bound to professional secrecy and must ensure that this is also observed by their employees and/or associates.
ART. 13
Members may only withdraw from a mandate assigned to them in the event of serious health problems or previously unforeseen impediments of an ethical nature, and after informing the Parties of their decision and taking suitable steps to ensure that the loss adjustment process will not be compromised.
ART. 14
Members will not refer to any responsibilities they may have outside the loss adjusting profession, whether in the public sector, trade unions, administration or in politics, in order to expand their client base.
Code of Conduct
ART. 15
Members must abide by the concept that the purpose of loss adjusting is to remove the Parties’ vested interests and provide an assessment of the rights of one Party against those of the other, subjecting the whole process to the conscientious and impartial competence of loss adjusting experts who are specifically appointed to this end. Lloss adjusters have a duty vis-à-vis the problem at hand, and not the individuals behind it.
ART. 16
Members agree to protect the legitimate interests of the Principal, in accordance with the rules of objectivity and faithful reporting of the facts and economic assessment, as far as is possible within reasonable doubt, resisting every temptation to support hypotheses which would simply suit the purposes of the Principal.
ART. 17
Members must be fair and loyal in their behaviour towards both parties and to colleagues working on the case in form as well as in content, whilst still retaining freedom and autonomy of thought towards all.
ART. 18
Members must not propose to the other Party nor request that any particular loss adjuster be appointed as their opponent, whether or not they are a Member of A.I.P.A.I.
ART. 19
Members may ask for the opinion of an umpire who shall be nominated in advance and then only in cases where this is proven to be necessary.
ART. 20
If circumstances render it necessary for Members to have direct contact with the Principal of the colleague appointed to the case, they must inform this colleague who should not by any means be excluded. Should Members become aware of direct negotiations between the Parties before completion of the mandate, they are bound to inform their opponents.
ART. 21
Any Members appointed as umpire can only express an opinion on the claim in question after having carried out their analysis and, of course, exclusively within the confines of the College. They must comply with the standards outlined above in art. 17 with the utmost care and sensitivity and avoid their role as umpire being influenced by the interests and behaviour of the Parties. They must take steps to ensure that their autonomy is not undermined, albeit even in appearance.
ART. 22
Members must not refer to their activities and competences for the purposes of self-promotion. In particular, they must not express opinions on other loss adjusters with the intention of highlighting their own skills, whether real or presumed. Members do have the right to provide information regarding their activity in accordance with current European professional standards.
ART. 23
Members must have a clear understanding of the fact that they belong to a liberal profession and may not engage in any entrepreneurial activity which is incompatible with the A.I.P.A.I. statutory regulations. They must therefore avoid any operations which could lead to them, receiving any form of commission, discount, subsidy or donation, whether directly or indirectly. They must understand that any activity as a broker or insurance agent is deemed incompatible with their required independence. However, they can make themselves available to their Client to ensure that the risks are detailed in a technically accurate manner before entering into an insurance contract.
ART. 24
Members shall receive payment solely from the Party they represent, and the remuneration will consist of the fee plus the expenses which are to be reimbursed. The Member acting as an umpire shall be paid as per the stipulations of the insurance contract and the law.
ART. 25
Any Member who does not conform to the above professional code of ethics will be referred to the Conciliation Board following a written request submitted to the Steering Board. Any infringements committed by Members are to be sanctioned as outlined in art.7 of Chapter 3 of the Regulations. The procedure is also outlined in art.7 of Chapter 3 of the Regulations.
