Definition of Insurance Broker Responsibility

An insurance broker is an independent intermediary, working between policyholders and insurance or reinsurance companies. Unlike an agent, the broker is not contractually bound to a particular insurer. Their mission is to represent the interests of the client, not the insurance company, and to identify offers that best match the client’s profile and needs.

In Belgium, a broker can only practice if they are registered in the official register of insurance intermediaries and if they demonstrate the required professional knowledge. This registration guarantees a minimum level of expertise and compliance with regulatory standards applicable in 2026.

Beyond technical knowledge, the broker must show sufficient professional integrity, adhere to an extrajudicial complaint handling system, and subscribe to professional liability insurance. This liability insurance is designed to compensate clients if the broker commits a professional fault that causes damage.

Broker’s Obligations: Duty to Inform and Advise

The core responsibilities of an insurance broker are their duty of information and duty of advice towards the client. These obligations begin before the contract is signed and continue throughout the life of the policy, especially when there is a significant change in the client’s situation or in the market.

To provide relevant and personalised advice, the broker must first gather sufficient information from the client: they must identify the client’s requirements and needs, their financial situation, risk tolerance, and any specific expectations. The broker is also expected to ask all useful questions for the subscription of an insurance policy, instead of limiting themselves to a generic proposal.

A broker commits a fault, for instance, if they simply suggest a policy from an unknown company without warning the client about potential risks, exclusions, or limitations of that coverage. Conversely, the broker will not normally be held responsible for not highlighting clauses that are clear, explicit, and easily understandable to a reasonably attentive client.

The duty of advice also implies guiding the client in choosing between several policies or insurers. The broker should present the costs, guarantees, and limits of each option, ideally by comparing different offers. In the case of a life insurance or investment-linked product, the broker may only be held liable if the recommended investment inevitably leads to significant losses, regardless of economic circumstances. However, the broker can never be held responsible for deliberately false or incomplete declarations made by the policyholder when subscribing to the contract.

How Insurance Broker Responsibility Works in Practice

In most cases, the broker’s obligations of information and advice are considered obligations of means rather than obligations of result. This means that the broker must do everything reasonably possible to inform and advise the client correctly, but they are not required to guarantee a particular outcome (for example, that a claim will always be accepted or that an investment will always be profitable).

In case of dispute, the burden of proof generally lies with the insured who alleges that they were poorly informed or badly advised. The client must demonstrate not only that the broker committed a fault (for example, by failing to warn about an exclusion that was decisive) but also that:

• they suffered real and quantifiable damage; and
• there is a direct causal link between the broker’s breach and the damage suffered.

Concretely, you must be able to show that your decision would have been different if you had received complete, accurate, and clear information. This is why it is essential to keep written evidence: emails, letters, comparisons of offers, and any written advice received from your broker. In 2026, with increasing digital exchanges, preserving this documentation is more important than ever.