Clawback liability

(1) Insurance undertakings must ensure that, at least in the case of termination of a contract by the policyholder, where this is not a termination under section 205(2) of the Insurance Contract Act, or in the case of suspension of benefits under section 193(6), fourth sentence, of the Insurance Contract Act, or a premium waiver under section 165(1) of the Insurance Contract Act, occurring within the first five years after conclusion of the contract, the insurance intermediary retains the commission accrued for mediating a contract of substitutive health insurance, life insurance, or payment protection insurance only up to the amount that would have accrued if the commission were spread evenly over the first five years from conclusion of the contract up to the time of termination, suspension, or premium waiver. Where the agreed premium payment period is shorter than five years, that period may be used as the basis.
(2) A contractual agreement to the contrary between the insurance undertaking and the insurance intermediary is void.
(3) Subsection (1), first sentence, and subsection (2) apply correspondingly in the case of section 50a(2), with the proviso that termination by the insured person is determinative.