Duty to advise
The insurance intermediary's duty of care. It presupposes an author of the reasoning, whose competence can be judged.
Directive (EU) 2016/97 of January 20, 2016 on insurance distribution, transposed in France by the ordinance of May 16, 2018, requires the distributor to gather the client's demands and needs. When it gives advice, it must give a reasoned personal recommendation. A distributor that bases its advice on a fair and personal analysis must also compare a sufficient number of contracts (Article 20). It is a duty of diligence: the professional's conduct is assessed against 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. It occupies the link where judgment forms, and it can be neither blamed as an agent nor verified as a tool.
Advice passed on as it stands from a language model becomes authorless advice, for which no one can answer in the old way.
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