Insurance Contract - Lawyer in Poland

Concept; performance types.

By an insurance contract, the insurer commits, within the scope of operations of its enterprise, to make a specific performance if an event provided for in the contract occurs, and the policyholder commits to pay a premium. The insurer's performance consists particularly in paying:1) in properly insurance - the specified compensation for damage caused by an event provided for in thecontract;2) in personal insurance - the agreed amount of money, annuity or other performance if an event provided for inthe contract occurs in the life of the insured. The provisions of this Code on annuity do not apply to annuity paid under an insurance contract.

Invalid contract; ineffectiveness.

An insurance contract is invalid if the occurrence of the event provided for therein is not possible. Insurance coverage for a period preceding contract execution is ineffective if, at the contract execution time, either party knew or using due care could have learned that the event had occurred or that the possibility of its occurrence no longer existed.

Non-Code regulations.

The general terms and conditions of insurance or provisions of an insurance contract contrary to the provisions of this title are invalid unless further regulations provide for exceptions.

Insurance in favor of a third party.

The policyholder may execute an insurance contract on another person's account. The insured need not be named in the contract unless it is necessary in order to determine the object of the insurance.The insurer may raise claims for premium payment only against the policyholder. The insurer may raise a defense affecting his liability also against the insured.The insured is entitled to demand due performance directly from the insurer unless the parties have agreed otherwise; such an agreement, however, cannot be made if the event has already occurred.The insured may demand that the insurer provide him with information on the provisions of the contract executed and the general terms and conditions of insurance to the extent they apply to the insured's rights and obligations. If an insurance contract is not directly related to the business or professional activity of an insured natural person, articles apply accordingly to the extent to which the contract relates to the insured's rights and obligations.

Insurance document.

The insurer is obliged to confirm execution of the contract by an insurance document.Subject to the exception provided for in Article 811, in case of doubt, a contract is deemed executed upondelivery of the insurance document to the policyholder.

Protection of policyholder.

If, in response to an offer, the insurer delivers to the policyholder an insurance document containing provisions which differ to the policyholder's disadvantage from the policyholder's offer, the insurer is obliged to point this fact out to the policyholder in writing upon delivery of the document, giving him at least seven days to raise objections. If this obligation is not fulfilled, changes made to the policyholder's disadvantage are ineffective and the contract is executed in accordance with the terms and conditions of the offer.In the absence of objections, the contract comes into effect in accordance with the insurance document on the day following the day on which the time limit set for raising objections passes.

General terms and conditions of insurance

If an insurance contract is executed for a term longer than six months, the policyholder has the right to rescind the insurance contract within 30 days and, if the policyholder is an entrepreneur, within 7 days of contract execution. Rescission of the insurance contract does not release the policyholder from the obligation to pay the premium for the period in which the insurer provided insurance coverage. If the contract is executed for a fixed term, the insurer may terminate it only in the instances set forth in the law and for good cause set forth in the contract or the general terms and conditions of insurance.The insurer is obliged to present the difference between the wording of the contract and the general terms and conditions of insurance to the policyholder in writing before contract execution. If this obligation is not fulfilled, the insurer cannot rely on a difference disadvantageous to the policyholder. This provision does not apply to insurance contracts executed through negotiations.

Premium.

The premium is calculated for the term of the insurer's liability. If the insurance relationship expires before the end of the period for which the contract was executed, the policyholder is entitled to reimbursement of the premium for the period during which insurance coverage was not used.Unless otherwise agreed, the premium should be paid at the time the insurance contract is executed and if the contract came into effect before the insurance document was delivered, within fourteen days of delivery.

Commencement of liability; failure to pay premium.

Unless otherwise agreed, the insurer's liability starts from the day following the contract execution date, not earlier, however, than the day following the date the premium or its first installment is paid. If the insurer is liable even before the premium or its first installment is paid and the premium or its first installment is not paid on time, the insurer may terminate the contract with immediate effect and demand payment of the premium for the period during which it was liable. If the contract is not terminated, it expires at the end of the period for which the unpaid premium was due. If the premium is paid in installments, failure to pay the next premium installment on time may result in the insurer's liability ceasing only if such consequences are provided for in the contract or the general terms and conditions of insurance, and the insurer, after the period has passed, calls on the policyholder to pay with the sanction that failure to pay within 7 days of receiving the call for payment will extinguish the liability.