Prawo Asekuracyjne最新文献

W&I (warranty & indemnity) Insurance – Selected Issues W&I（保证与赔偿）保险 - 选定问题

Prawo Asekuracyjne Pub Date : 2023-05-31 DOI: 10.5604/01.3001.0053.6100

Anna Wietrzyńska-Ciołkowska, Paweł Stykowski

引用次数: 0

Civil Liability Insurance of Companies and Members of Managing Bodies and the Amendment to the Commercial Companies Code 公司和管理机构成员的民事责任保险及《商业公司法》修正案

Prawo Asekuracyjne Pub Date : 2023-05-31 DOI: 10.5604/01.3001.0053.6101

Dominika Wolf-Jezierska

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Legal Risk in Insurance Intermediarys Activity in Poland 波兰保险中介活动中的法律风险

Prawo Asekuracyjne Pub Date : 2022-12-15 DOI: 10.5604/01.3001.0016.1073

R. Nowak

{"title":"Legal Risk in Insurance Intermediarys Activity in Poland","authors":"R. Nowak","doi":"10.5604/01.3001.0016.1073","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1073","url":null,"abstract":"The aim of the article is to identify legal risk and key areas and factors to determine the activity of insurance intermediaries in Poland, who conduct their activity in conditions defined by both hard and soft law regulations. The author mainly focuses on such activities of insurance intermediaries that are directly related to insurance distribution. Legal risks cover events that create uncertainty about the realization of hazards resulting from legal environment in a broad sense, which constitute a threat to the entity conducting activities aimed at achieving concrete economic targets. From the point of view of an insurance intermediary acting as an insurance distributor, legal risks together with compliance risk seem to be crucial from the perspective of the threat level and possible consequences thereof. The protection against the effects of these risks requires taking appropriate steps in the risk management process adopted by individual companies. These activities are hindered by a variety of negative phenomena occurring on the insurance market, including the overregulation and legal instability. The implementation of the compliance idea and the legal risk management program by an entity conducting brokerage and agency activities mitigates the risk of illegal practices, and consequently reduces threats arising from areas generating legal risks.","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124653241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Application of Article 18(1) and (2) of the Insurance and Reinsurance Activity Act of 11 September 2015 by Mutual Insurance Companies 互助保险公司对2015年9月11日《保险和再保险活动法》第18(1)和(2)条的适用

Prawo Asekuracyjne Pub Date : 2022-12-15 DOI: 10.5604/01.3001.0016.1074

Beata Mrozowska - Bartkiewicz

{"title":"Application of Article 18(1) and (2) of the Insurance and Reinsurance Activity Act of 11 September 2015 by Mutual Insurance Companies","authors":"Beata Mrozowska - Bartkiewicz","doi":"10.5604/01.3001.0016.1074","DOIUrl":"https://doi.org/10.5604/01.3001.0016.1074","url":null,"abstract":"Article 18(1) and (2) of the Act of 11 September 2015 on insurance and reinsurance activity introduced a ban on remunerating the policyholder and persons representing the policyholder in insurance on someone else's account for offering insurance cover or for actions related to the performance of insurance contracts. The reason for such legal regulation was to eliminate a market practice which enabled the policyholder to receive fees or other benefits for actions related to providing insurance cover under contracts on someone else's account (mainly group insurance) or to the performance thereof. Although said provision applies to insurers operating in various forms, mutual insurance companies implementing the principle of mutuality in their activities may account for the profit generated in the insurance history. Pursuant to Article 18(1) and (2) of the Act, the ban to receive remuneration or other benefits applies exclusively to insurance actions specified by the legislator, i.e. to (i) offering and/or (ii) performing an insurance contract. The payment or settlement of a positive insurance result does not constitute a benefit for the insured referred to in said provision. Therefore, the ban does not apply in such situation, however this does not mean that the obligation to settle accounts with persons who actually bear the cost of insurance protection may be ignored.","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121954062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Non-standard Insurance Recourse under Article 43 of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau 强制保险法第43条规定的非标准保险追索权、保险保证基金和波兰汽车保险局

Prawo Asekuracyjne Pub Date : 2022-12-15 DOI: 10.5604/01.3001.0016.1075

J. Wojciechowski

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Penalty Points for Violation of Traffic Rules versus Motor Insurance Premium. Analysis of New Legal Solutions 违反交通规则的罚分与汽车保险费。分析新的法律解决方案

Prawo Asekuracyjne Pub Date : 2022-12-15 DOI: 10.5604/01.3001.0016.1068

Michał P Ziemiak

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On the Need to Specify the Provisions of Article 36(1) and Article 52 of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau 关于需要明确2003年5月22日关于强制保险、保险保证基金和波兰汽车保险局的法案第36(1)条和第52条的规定

Prawo Asekuracyjne Pub Date : 2022-08-15 DOI: 10.5604/01.3001.0015.9304

Beata Mrozowska - Bartkiewicz

{"title":"On the Need to Specify the Provisions of Article 36(1) and Article 52 of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau","authors":"Beata Mrozowska - Bartkiewicz","doi":"10.5604/01.3001.0015.9304","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9304","url":null,"abstract":"Compulsory insurance, especially compulsory civil liability insurance, plays an immensely important social role by protecting the property interests of both injured parties and perpetrators themselves. The Compulsory Insurance Act has laid the foundations for the compulsory insurance system, by specifying, among others, the following issues: the definition of compulsory insurance, rules of concluding and performing compulsory insurance contracts, including sums guaranteed in insurance types listed in the Act, as well as the method of controlling the performance of the obligation to conclude insurance contracts. Given the considerable importance and popularity of this insurance type, it is vital that the provisions regulating the scope of liability of the insurer and of the Insurance Guarantee Fund, including the amount of the sum guaranteed, are designed precisely and unambiguously. However, the wording used by the legislator in Article 36(1) and Article 52 of the Compulsory Insurance Act: \"The sum guaranteed cannot be lower than the equivalent in PLN [...]\" is related to a legal problem whether insurance with a sum guaranteed that is higher than the amount indicated in the above-mentioned provisions is compulsory or whether it is rather voluntary in terms of the amount of the sum guaranteed exceeding the indicated amounts. The present article focuses on the analysis of the practices of concluding insurance contracts with the amount of cover higher than in the above-mentioned regulations, without indicating the limits determining the compulsory or voluntary nature of an insurance in question.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132520051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Gloss to the Judgment of the Court of Justice of the European Union of 24 February 2020 in Joined Cases C-143/20 and C-213/20 on the Information Disclosure of Life Insurance Undertakings in Unit-linked Insurance Contracts 欧盟法院于2020年2月24日就联合案件C-143/20及C-213/20就连结单位保险合约中人寿保险事业的资料披露作出的判决批注

Prawo Asekuracyjne Pub Date : 2022-08-15 DOI: 10.5604/01.3001.0015.9307

M. Szczepańska

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SFDR and Delegated Regulations – Practical Problems with Implementing New Sustainability Regulations in the Insurance Market SFDR和授权法规-在保险市场实施新的可持续性法规的实际问题

Prawo Asekuracyjne Pub Date : 2022-08-15 DOI: 10.5604/01.3001.0015.9306

Wojciech Łuczka

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Notification of Circumstances Likely to Give Rise to a Claim versus the and Effectiveness of Pursuing Claims under D&O Insurance Contracts 可能引起索赔的情况通知与董事及行政人员保险合同项下追索的有效性

Prawo Asekuracyjne Pub Date : 2022-08-15 DOI: 10.5604/01.3001.0015.9305

Renata Orzechowska

{"title":"Notification of Circumstances Likely to Give Rise to a Claim versus the and Effectiveness of Pursuing Claims under D&O Insurance Contracts","authors":"Renata Orzechowska","doi":"10.5604/01.3001.0015.9305","DOIUrl":"https://doi.org/10.5604/01.3001.0015.9305","url":null,"abstract":"Before concluding a D&O insurance contract, insurers request information about circumstances which are likely to give rise to a claim or proceedings against the insured in the future. Moreover, the insurance contract may impose an obligation on companies to notify the insurer of certain events that will become apparent after the conclusion of the contract. This article attempts to explain how the occurrence of the above circumstances affects the cover under D&O insurance contract with regard to claims that a company may bring against its directors and officers. The complexity of the relationship between entities covered by insurance and the structure of the insurance based on the claims-made trigger may exert certain influence on the effectiveness of the company's claims against directors and officers under insurance contract. Therefore, the article discusses only selected aspects related to the above-mentioned questions, i.e. the company's duty to inform the insurer about circumstances known before and after the conclusion of the insurance contract, as defined in Articles 815 and 818 of the Polish Civil Code, the risk of rendering the D&O insurance contract ineffective under Article 806 of the Polish Civil Code, in relation to known circumstances that occurred before the conclusion of the contract and, finally, the risk of limitation of claims under the insurance contract where the insurer has been notified of circumstances that may give rise to a claim or proceedings in the future.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130901855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0