Summary of latest interesting insurance issues

Autor: Agnieszka Wesołowska

Dodano: 25-10-2016

The District Court in Łódź in the judgment of 5 August 2016 (ref. no. III Ca 642/16) held that a client who was intending to enter into a traditional bank deposit and was then induced by a bank employee to conclude an unit-linked insurance contract, can claim not only the repayment of the money paid. The bank should also be obliged to pay the interest, which the client could earn if the money was places on traditional bank deposit.

The Court of Appeal in Szczecin in the judgment of 24 May 2016 (ref. no. I ACa 750/15) held that the liability of the insurer for personal injury resulting in disability, which the student suffered as a result of a fall in the school area, is limited by the amount of the insurance sum stated in the insurance contract concluded by and between the school and the insurance company.

The Supreme Court in its judgment of 6 October 2016 (ref. no. IV CSK 44/16) ruled that the limitation period of compulsory insurance is calculated as of the final decision on claim handling issued by the insurance company.

The Supreme Administrative Court in its judgments of 5 October 2016 (ref. no. I FSK 1106/16, I FSK 878/16, I FSK 797/16) held that, in accordance with the Act on insurance and reinsurance activity, insurance services are indivisible, and claims handling is a part that can be outsourced.

On 5 October 2016 the Polish Financial Supervision Authority published a report titled "The Polish Financial Supervision Authority in the years of 2011-2016" covering selected areas of activities of the Authority and its Office. The report shows that the solvency of the insurance sector over the past 5 years remains at a safe level.

On 10 October 2016 the Chairman of the Polish Financial Supervision Authority issued an open letter to the Chairman of the Parliamentary Committee on Public Finance, which refers to the meeting of the Committee held on 21 September 2016, during which the MEPs discussed the situation of customers of financial institutions who have purchased unit-linked insurance products.

On 14 October 2016 a Regulation of the Minister of Development and Finance on documents related to conclusion and implementation of insurance contracts in electronic form has been published. The Regulation shall enter into force on 29 October 2016.