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Duty to advise

The insurance intermediary's duty of care, which presupposes an author of the reasoning whose competence can be assessed.

Definition

The duty to advise requires the insurance distributor to gather the client's demands and needs, analyze a sufficient number of contracts, then recommend a reasoned solution. It is a duty of diligence, assessed by comparing the professional's conduct to that of a reasonably competent peer, which presupposes that an intelligence reasoned at the origin of the advice. The language model breaks this chain of imputation, occupying the link where judgment forms without being either blamed as an agent or verified as a tool.

Example

Advice passed on as it stands from a language model becomes authorless advice, for which no one can answer in the old way.

Also known as

obligation de conseil, duty of advice