About the Mutuality Principle in Insurance – an Attempt at Reinterpretation

Abstract

The operation of mutual insurance companies is based on the mutuality principle in providing their members with insurance. In Polish legal doctrine, the mutuality principle has been mainly associated with the non-final nature (amount) of the premium. It has been even indicated that there is no obligation to pay a fixed premium in mutual insurance. The article analyses whether such an understanding of the principle of mutuality is confirmed by the regulations in force and whether it is factually consistent with the current interpretation of this rule. Moreover, an attempt has been made to identify the key features of the principle of mutuality.