Remuneration for the mediation of substitutive health insurance contracts

(1) In any financial year, insurance undertakings may not grant insurance intermediaries acquisition commissions or other remuneration for the conclusion of substitutive health insurance policies that, in total, exceed 3 percent of the gross premium total of new business. The gross premium total corresponds to the initial premium extrapolated over 25 years, excluding the surcharge under section 149. The payments and other benefits with a monetary value granted to an individual insurance intermediary in a financial year for the conclusion of substitutive health insurance policies may not exceed 3.3 percent of the gross premium total of the business mediated by that intermediary. The acquisition commission and any other remuneration granted for conclusion in an individual case may not together exceed 3.3 percent of the gross premium total of the mediated contract.
(2) Where an insurance undertaking makes use of services of an insurance intermediary going beyond the mediation success, in connection with service, work, lease, or tenancy agreements, or other agreements of a comparable kind, the remuneration must be limited to the amount that a prudent and conscientious manager, having regard to the interests of the insured, would agree with an unrelated undertaking. Contracts under the first sentence require written form. Where the insurance undertaking makes an advance payment on the basis of such a contract, that advance is regarded as other remuneration within the meaning of subsection (1). Remuneration for services or any other benefit with a monetary value may otherwise be granted only where the agreed services have resulted in a corresponding saving of expenses for the insurance undertaking.
(3) An agreement between the insurance undertaking and the insurance intermediary that is contrary to the requirements of subsection (1), second to fourth sentences, or subsection (2) is void.