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Ban on Distributing Certain Unit Linked Life Insurance Contracts as the Supervisory Product Intervention of the Polish Financial Supervision Authority (PFSA) 波兰金融监管局(PFSA)禁止将部分单位关联人寿保险合同作为监管产品进行干预

Prawo Asekuracyjne Pub Date : 2021-12-29 DOI: 10.5604/01.3001.0015.6035

Monika Szaraniec

引用次数: 0

Doubts about the Necessity to Obtain the Patient's Consent to Provide the Insurer with Medical Records in Medical Damage 对医疗损害中获得患者同意向保险人提供医疗记录必要性的质疑

Prawo Asekuracyjne Pub Date : 2021-12-29 DOI: 10.5604/01.3001.0015.6037

Iwona Kaczorowska-Kossowska

{"title":"Doubts about the Necessity to Obtain the Patient's Consent to Provide the Insurer with Medical Records in Medical Damage","authors":"Iwona Kaczorowska-Kossowska","doi":"10.5604/01.3001.0015.6037","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6037","url":null,"abstract":"The article discusses the issue of providing the patient's medical records to the insurance company by an entity performing medical services in the event of the injured party making a claim to remedy damage resulting from the performance of medical services (so-called medical damage). This article focuses on whether it is necessary or not to obtain the consent of a patient. As the circulation of documentation concerning damage has been regulated both in the provisions relating to the loss adjustment procedures and in legislation on medical activity, and given that in the case concerned damage documentation comprises medical records, it is necessary to discuss the effects of the collision of those two legal regimes for providing an insurance undertaking with access to said documents. It is particularly worth considering whether the provisions of the Insurance and Reinsurance Activity Act in connection with the provisions of the Compulsory Insurance Act constitute an independent basis for making available to the insurer health records necessary for loss adjustment, or whether such a disclosure should be preceded by obtaining the injured party’s consent.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132981563","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

Gloss to the Judgment of the Court of Justice of the European Union of 29 April 2021 in the Case of Ostrów County v the Insurance Guarantee Fund (C 383/19) 欧盟法院于2021年4月29日对Ostrów郡诉保险保证基金案的判决的注解(C 383/19)

Prawo Asekuracyjne Pub Date : 2021-12-29 DOI: 10.5604/01.3001.0015.6038

Beata Mrozowska - Bartkiewicz, Paweł Matej

{"title":"Gloss to the Judgment of the Court of Justice of the European Union of 29 April 2021 in the Case of Ostrów County v the Insurance Guarantee Fund (C 383/19)","authors":"Beata Mrozowska - Bartkiewicz, Paweł Matej","doi":"10.5604/01.3001.0015.6038","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6038","url":null,"abstract":"On 29 April 2021, the Court of Justice of the European Union in Case C 383/19 passed a preliminary ruling on the interpretation of Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability. This judgment is of key importance for Polish insurance industry, especially for maintaining the coherence of the compulsory insurance system of motor liability insurance for motor vehicle owners for damage caused by the use of their vehicles. The social function of this obligatory insurance is inextricably linked with the protection of third parties against the effects of frequent adverse incidents resulting from the use of motor vehicles in the modern world. What is more, a compulsory insurance contract ought not to be treated as a financial burden for vehicle owners, because it both protects possible perpetrators of motor accidents from serious financial charges and prevents an excessive depletion of their assets due to civil liability. The above-mentioned judgment concerns the confirmation of the principle that in the current Polish legal system there is no possibility of either ignoring the obligation to conclude a civil liability insurance contract or being exempt from such obligation, where the owner is not able to use the vehicle for some period owing to its technical condition.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131445350","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

Insurer's Performance in Unit Linked Life Insurance Plans 保险公司在单位相连人寿保险计划中的表现

Prawo Asekuracyjne Pub Date : 2021-09-30 DOI: 10.5604/01.3001.0015.2756

M. Szczepańska

引用次数: 0

Taxation of Insurance Premiums in the EU Cross-Border Insurance Business 欧盟跨境保险业务中保险费的征税

Prawo Asekuracyjne Pub Date : 2021-09-30 DOI: 10.5604/01.3001.0015.2820

A. Tarasiuk, Bracken Crossley

{"title":"Taxation of Insurance Premiums in the EU Cross-Border Insurance Business","authors":"A. Tarasiuk, Bracken Crossley","doi":"10.5604/01.3001.0015.2820","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2820","url":null,"abstract":"As in many other cases of business activity, the performance of insurance activity involves various types of tax charges. Insurance contracts, having been excluded from the scope of value-added tax at the EU level, are subjected to taxes specific to insurance activity, namely insurance premium taxes, which are discussed in the article. However, insurance premium tax regulations are not harmonised at the EU level and vary immensely from one country to another. In fact, in some EU countries, including Poland, no such taxes have been implemented whatsoever. \u0000The issue discussed in the article is related to the fact that an increasing number of insurance companies perform insurance activity on a cross border basis. From this point of view, although there is no such tax in Poland, it may be of great importance to Polish insurance companies that insure risks located outside Poland. \u0000The regulations concerning the insurance premium tax depend on internal decisions of individual European Union countries, both in terms of the introduction of such tax, exemptions, and rates, and they may differ significantly across those jurisdictions.\u0000Due to the nature of cross-border activity and the rules on the localisation of the risk associated with the taxation of premiums, it was not clear whether and to what extent, in the case of insurance of risks located outside Poland, a tax obligation arises in respect of insurance premiums. These questions were addressed by the Court of Justice of the EU in several cases (C-118/96, C191/99, C-243-11). The CJEU decisions have revealed the multifaceted complexity inherent to the taxation of cross border insurance contracts.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128547231","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

Freedom to Define Membership in a Mutual Insurance Company 确定互助保险公司成员资格的自由

Prawo Asekuracyjne Pub Date : 2021-09-30 DOI: 10.5604/01.3001.0015.2755

Beata Mrozowska - Bartkiewicz

引用次数: 2

Violation of Recommendations Issued by the Polish Financial Supervision Authority as a Basis for Imposing Sanctions Pursuant to Article 362(1) of the Insurance and Reinsurance Activity Act of 11 September 2015 违反波兰金融监管局根据2015年9月11日《保险和再保险活动法》第362(1)条发布的建议，作为实施制裁的依据

Prawo Asekuracyjne Pub Date : 2021-09-30 DOI: 10.5604/01.3001.0015.2757

Paweł Matej

{"title":"Violation of Recommendations Issued by the Polish Financial Supervision Authority as a Basis for Imposing Sanctions Pursuant to Article 362(1) of the Insurance and Reinsurance Activity Act of 11 September 2015","authors":"Paweł Matej","doi":"10.5604/01.3001.0015.2757","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2757","url":null,"abstract":"Pursuant to Article 361(1) of the Insurance and Reinsurance Activity Act of 11 September 2015, the Polish Financial Supervision Authority (PFSA) may issue recommendations for insurance and reinsurance undertakings. In the case of non-compliance, such recommendations may give rise to the imposition of administrative sanctions. The purpose of the article is to decide to what extent the violation of supervisory acts, such as the PFSA’s recommendations, determines the administrative liability of insurance and reinsurance undertakings.\u0000Furthermore, the article aims at discussing to what extent a breach of non-authoritative acts of a supervisory nature, such as the PFSA’s recommendations, may constitute the basis for administrative liability provided for in Article 362(1) of the Act. The author conducts his analysis in the context of constitutional standards applicable to administrative responsibility. Those standards are compared with the decisions of the PFSA rendered as a result of the violation of its recommendations. In addition, the article presents de lege lata and de lege ferenda conclusions which relate to ensuring compliance with constitutional requirements of the procedure for sanctioning violations of recommendations issued by the PFSA.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"644 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122957519","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

Purchase of a Leased Vehicle by a User Who Has Concluded a Motor Third Party Liability Insurance Contract (三)订立汽车第三者责任保险合同的用户购买租赁车辆的

Prawo Asekuracyjne Pub Date : 2021-09-30 DOI: 10.5604/01.3001.0015.2771

Marcin Orlicki

引用次数: 0

About the Need to Define Uniform Rules for the Operation of Insurance Guarantee Schemes in the Event of Insurer's Bankruptcy in the European Union 关于在欧盟为保险公司破产情况下的保险保证计划制定统一规则的必要性

Prawo Asekuracyjne Pub Date : 2020-12-18 DOI: 10.5604/01.3001.0014.5457

I. Szczesna

引用次数: 0

The Principles of Reinsurance Contract Law. New Quality of Reinsurance Contracts 《再保险合同法》原则。再保险合同的新质量

Prawo Asekuracyjne Pub Date : 2020-12-18 DOI: 10.5604/01.3001.0014.5424

M. Ostrowska

引用次数: 0