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Executive Summary Report – August 2017

The District Court in Konin in the judgment of 8 December 2016 (ref. no I C 2299/16) ruled that the deadline to handle by an insurance company a complaint is not merely a presumptive term that could be rebutted in any way. 


On 1st August 2017 a new bill amending the act on financial market supervision and the act on insurance and reinsurance activity has been submitted to the Lower Chamber of the Polish Parliament. The amendment is aimed at implementing into the Polish law the Regulation 1286/2014 of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs).


The Ministry of Finance and Development has presented a bill amending the act on insurance and reinsurance activity. The bill is a result of notification made by the European Commission which found shortcomings in the implementation of certain provisions of the Solvency II and Omnibus II Directives.


The Appeal Court in Warsaw in the judgment of 9 June 2017 (ref. no I ACa 441/16) ruled that if, as a result of medical malpractice, a dead child was born, the parents are entitled to receive a high compensation. The amount of the compensation should be economically felt by the victims.


On 10th August 2017, the Regulation of the Minister of Justice of 2nd August 2017 amending regulation on detailed way of maintain registers included in the National Court Register and detailed content of entries therein was published. As a rule, the Regulation shall enter into force on 1st January 2018.


The District Court in Lublin in its judgment of 21 June 2017 (ref. no. II Ca 38/17) ruled that the perpetrator of the road accident has the right to demand from its insurer the return of the remuneration paid to the injured party on the basis of a criminal judgment.


The Supreme Court in a panel of 3 judges in the resolution of 24 August 2017 (ref. no III CZP 20/17) ruled that the expenditures on hiring a replacement vehicle incurred by the injured person, in excess of the costs proposed by the insurer to use such vehicle, shall be the responsibility of the contract of compulsory motor vehicle liability insurance if their incurrence was intentional and economically justified.


The Appeal Court in Katowice in its judgment of 23 June 2017 (ref. no I ACa 181/17) ruled that the defendant's liability is in solidum: the defendant's physician on a guilty basis, and the defendant's insurer from the insurance contract that joins the insurer with the insured.


The District Court in Sieradz in its judgment of 24 May 2017 (ref. no I Ca 115/17) ruled that the insurance company is liable for the damage caused by the road mark component left by the construction company.


The Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document shall enter into force on 1st September 2017.

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