Q&A

Subrogation is where an insurer pays out a claim under an insurance contract, and the circumstances of the insured event allow it to bring a counterclaim (subrogate) against the party-at-fault.

According to Polish law, the purpose of claim settlement is to bring the insured object back to its condition from before the damage as if the damage had never occurred.

Time-bar can be defined as allowing the debtor not to settle a claim after the expiration of a legally defined period. Therefore, after the expiration of a statutory limitation period, the insurer may effectively refuse to pay a claim, also in court.

Many Insurance Companies use additional clauses in life insurance cases whereby, in the event of the death of the Insured, in addition to the benefit specified in the death insurance contract itself, the beneficiary is entitled to additional benefits due to the fact that the death occurred as a result of a circumstance specified in the clause. An example of such a clause, according to which, in the event of the death of the Insured as a direct result of a heart attack or stroke, in addition to the basic benefit for the death of the Insured, an additional benefit in the amount specified in the insurance contract is entitled. It is standard practice for insurance companies to use additional clauses for these types of clauses, which indicate that the circumstances must be the primary (and not secondary) cause of death and additionally must be confirmed by medical documentation (e.g. death certificate).

Compensation for the rental of a replacement vehicle, in relation to the party-at-fault and their insurer, is due to anyone who lost the use of their vehicle as a result of a collision and also incurred expenses to rent a replacement vehicle. Immobilisation of the damaged vehicle in itself does not mean that damage has arisen, as compensable damage does not arise until expenses are made to obtain use of another vehicle. Since such rentals tend to be expensive, vehicles are now rented out to injured parties on credit, without payment, which is later demanded from the insurer. This practice is widely approved in case law. This, in fact, leads to a situation where the injured party may not even realise that the rental must be paid for, and the rental company imposes its financial terms unilaterally on the insurer, that is the ultimate payer. Furthermore, this undermines the market mechanism of price verification, because the injured party will never actually pay for the rental, so they are not interested in looking for the most competitive market offers.

Of course, an insurance company may appear in court proceedings without the help of an attorney. However, it does not mean it should. It is risky because the courts demand from the insurance companies above-average, even elite diligence in participation in court proceedings due to their financial and personal resources. Minor mistakes, which consumers are forgiven for, often mean serious consequences for the insurance company. What is more, acting through a professional attorney is a certain expression of the insurance company’s status and financial stability. Acting without a professional attorney may hurt the brand’s image.

Insurance crime is a phenomenon that, to a greater or lesser extent, always accompanies the activities of insurance companies. Fighting it is a must, not only to maintain financial results but also due to the potential deterrence of this type of behavior and expressing to law enforcement authorities the scale of the phenomenon. The main way to prosecute persons committing abuses against insurance companies is through criminal proceedings. A properly written report of a crime with well-prepared evidence in cooperation with a professional attorney is the key to increasing the chances of prosecuting those responsible. At the same time, the findings of a conviction issued in criminal proceedings are of key importance in a possible dispute in a civil court.

Litigation is a permanent element of the operation of each insurance company. A person submitting a claim, dissatisfied with the position of the insurer, who refuses to accept liability or limits his liability, can pursue his or her claims only through civil court proceedings, about which he or she is informed by the insurance company. It is known from experience that when it comes to the biggest insurance companies the amount of such cases is enormous. Insurance cases are one of the most common cases heard by courts. The range of the problems related to those cases is also very wide. Therefore, it is advisable to use available, specialized, expert, permanent, and experienced legal services.

The distribution of the insurance products is the insurer’s basic income. The insurance policies are usually complicated, multi-threaded contracts containing general rules, the exceptions to those rules, and sometimes the exceptions to the exceptions. It is because the insurance premium must be accorded to the insurance risk in such a way as to offer the potential counter-party a well-suited product that protects against the expected risk at an affordable fee. The basis of detailed insurance conditions is most often general insurance conditions based on a standard contract or other similar documents. Their precise, clear, and lawful editing is a necessary condition for their inclusion in a court case and for recognizing them as effective and binding. According to the applicable regulations, any ambiguities are resolved to the disadvantage of the insurance company, and if a given provision is considered abusive, it will not be binding on the counter-party, which may have a huge impact on the financial liability of the insurance company, and thus the profitability of the product. Therefore, it is advisable to consult every prepared product and document to avoid the possibility of the court forming the content of the legal relationship between the parties different from the insurer’s perception in this matter.

Yes, it can. It is not only possible but even advisable. The fact that the professional attorney conducts the court case on behalf of the insurer does not mean that the insurer’s part in the proceedings must be limited. Based on experience, the cooperation between the attorney and the insurer to analyze the evidence and the trial tactics is the best solution. It may be particularly beneficial to use the assistance of technical liquidators, who may argue expertly with unfavorable opinions of court experts, in the course of a court trial.