AI Summary of Article 2 Scope
This Directive governs direct life and non-life insurance undertakings wishing to establish or operating within a Member State. Exclusions apply specifically to Title IV pertaining to reinsurance activities.
For non-life insurance, the Directive covers defined assistance activities during travel difficulties, and for life insurance, it applies to contractual activities including survival assurances, annuities, supplementary insurance, and related operations under regulatory supervision. Notably, it addresses operations like tontines and pensions managed by life insurance entities, contingent upon compliance with Member State laws.
Article 2 Scope
1. This Directive shall apply to direct life and non-life insurance undertakings which are established in the territory of a Member State or which wish to become established there.
It shall also apply to reinsurance undertakings which conduct only reinsurance activities and which are established in the territory of a Member State or which wish to become established there with the exception of Title IV.
2. In regard to non-life insurance, this Directive shall apply to activities of the classes set out in Part A of Annex I. For the purposes of the first subparagraph of paragraph 1, non-life insurance shall include the activity which consists of assistance provided for persons who get into difficulties while travelling, while away from their home or their habitual residence. It shall comprise an undertaking, against prior payment of a premium, to make aid immediately available to the beneficiary under an assistance contract where that person is in difficulties following the occurrence of a chance event, in the cases and under the conditions set out in the contract.
The aid may comprise the provision of benefits in cash or in kind. The provision of benefits in kind may also be effected by means of the staff and equipment of the person providing them.
The assistance activity shall not cover servicing, maintenance, after-sales service or the mere indication or provision of aid as an intermediary.
3. In regard to life insurance, this Directive shall apply: