Summary of latest interesting insurance issues (the first half of May 2017)
Autor: Agnieszka Wesołowska
On 9 May 2017, the Polish government adopted a bill amending the act on real estate management and some other laws, submitted by the Minister of Infrastructure and Construction. The bill provides for the introduction of an obligation to hold an TPL insurance by real estate agents, appraisers and administrators.
The Financial Ombudsman asked the Supreme Court to adopt a resolution on whether families caring for relatives seriously injured in traffic accidents should be compensated. The question is the result of a non-uniform judicial line in this respect.
The Court of Justice of the European Union in its judgment of 4 May 2017 (case C-387/14) held that allowing for contractors in tenders to submit new documentation, if the previously submitted did not confirmed fulfillment of conditions is unlawful.
The Supreme Administrative Court in its judgement of 30 March 2017 (ref. no II FSK 571/15) ruled that if a decision which gave rise to the seizure of a bank account has been abrogated, tax enforcement is groundless and cannot interrupt the limitation period.
On 9 May 2017, the Polish Financial Supervision Authority (KNF) published its position on the placing by insurance companies on their websites of the general terms and conditions of insurance and other standard contracts, pursuant to Art. 15 item 4 of the Act of 11 September 2015 on insurance and reinsurance activity. According to this provision, as of 1 January 2016, insurance companies are obliged to place on their website the GTCIs and other standard contracts. The KNF, aiming at unifying market practice in this respect, states that the function of the provision in question is the need to place documents, from the day the insurance product is launched, in a location easily accessible to the average user of the website. In addition, according to the regulator, these documents "should be constantly posted on the website". Such practice will provide all interested parties with access to documents for an indefinite period, which will affect the transparency of the insurance offers of all insurers and allow comparison of offers.