Legal services for insurance companies
Insurance
The Law Firm of Attorneys at Law Ryszewski, Szubierajski was founded by attorneys at law with origins in the insurance industry and extensive experience in serving the largest such entities on the Polish market.
The Firm serves leading insurance companies in both passive (where the Insurance Company is the defendant) and active cases, in recourse proceedings as well as in the area of debt recovery and criminal proceedings. On the other hand, cooperation with a number of financial institutions, including banks, in the area of recovery of claims from clients streamlines the entire procedure.
In the area of handling court cases before common courts and the Supreme Court, conducted against clients, the Law Firm offers comprehensive services, starting from the stage of obtaining information on the referral of a case to court proceedings against the client.
Prepare a strategy to defend the interests of the client
Attempting to negotiate a settlement in accordance with the Principal's wishes
Substantive support in the field of collecting evidence
Before taking action, our lawyers assess the documentation provided and, through a thorough analysis of the facts, decide on the manner and type of strategy to be adopted for the case. In the course of our co-operation with clients to date, we have handled thousands of cases at every stage of the proceedings from the filing of the first pleading being a reply to the statements of claim, managing the case until its conclusion at the stage of the second instance judgment.
In the course of ongoing court proceedings, the Law Firm prepares all types of pleadings, including responses to expert witnesses, and participates in and conducts settlement negotiations, including before a mediator.
The Law Firm also enforces receivables adjudged in favour of clients by obtaining appropriate enforcement titles and refers cases to enforcement proceedings. In this respect, the Law Firm cooperates with 250 bailiffs throughout Poland.
The Office also conducts cases at the stage of extraordinary proceedings before the Supreme Court to the extent ordered by the clients, preparing replies to extraordinary complaints and cassation complaints.
Our fields of practice include:
- szkody na osobie;
- szkody majątkowe (w tym sprawy dot. szkód komunikacyjnych, zalaniowych i pożarowych o znacznych rozmiarach);
- zastępstwo procesowe na terenie całego kraju dzięki szerokiej siatce radców prawnych i adwokatów od lat współpracujących z Kancelarią.
- sprawy dotyczące gwarancji ubezpieczeniowych;
- obronę przed regresami, sprawy dotyczących błędów medycznych;
- dochodzenie roszczeń w z tytułu regresów ubezpieczeniowych;
- sprawy karne – kierowanie zawiadomień i prowadzenie sprawy na etapie postępowania przygotowawczego i sądowego;
- analiza stanów faktycznych i przygotowywanie opinii prawnych na potrzeby zapytań Klientów;
- prowadzenie szkoleń wewnętrznych dla poszczególnych działów Zakładów Ubezpieczeń oraz dla agentów ubezpieczeniowych w dogodnych dla Klienta formach
Q&A
Frequently asked questions
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.
