Prawo Asekuracyjne最新文献

{"title":"Duty of treatment and duty of care, and scope of insurance coverage in medical liability insurance","authors":"M. Serwach","doi":"10.5604/01.3001.0013.5648","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5648","url":null,"abstract":"The subject of this publication is the duty of treatment and the duty of care, a breach of which may lead to civil liability of a physician. These duties are considered from the point of view of their scope, meaning for the responsible entity and for the insurer under civil liability insurance.\u0000The duty of care is no less important. It applies to the entire diagnostic and therapeutic process, both to the action and omission of a physician, individual medical procedures, the use of current medical knowledge, the use of medical devices or medicinal products. The point is to exercise care and diligence required of a professional (art. 355 § 2 of the [Polish] Civil Code).\u0000There is no doubt that a breach of the dutyof treatment or the duty of care falls under the scope of insurance cover in civil liability insurance. The problem arises,however, when a certain action or omission of the doctor leads to an infringement of the patient's right, but no personal injury occurs.Then, it has not been clearly resolved whether the mere breach of the obligation of treatment leads to the liability of the civil liability insurer. This issue is gaining more and more practical meaning.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115778382","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}

{"title":"Competence Disputes Relating to Liability of the Insurance Guarantee Fund and an Insurance Undertaking on the Background of Compulsory Motor Liability Insurance - Practical and Legislative Solutions","authors":"Sława Cwalińska - Weychert, Iwona Kaja","doi":"10.5604/01.3001.0013.5638","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5638","url":null,"abstract":"The authors of this article, having analyzed the role of the Insurance Guarantee Fund in the compulsory insurance system, show the most significant differences in the liability of motor liability insurers and the IGF towards the injured. In their opinion, the identified differences in the liability principles and the differences in the interpretation of the applicable laws are the most frequent sources of competence disputes between insurance undertakings and the Fund, particularly about the competence of one of them in the claims settlement of victims of incidents involving unidentified perpetrators. On the one hand, these disputes are essentially held over formal issues, such as the existence or non-existence of insurance cover of the perpetrator and, on the other hand, \u0000over substantive ones, namely the recognition of the liability of either the IGF or the insurer in the circumstances of the event. Owing to their complex nature these disputes are frequently long-lasting, which results in the victims waiting for an extremely long time for their compensation. The authors emphasize that in the European Union the above problem has already been identified and was mostly regulated by the Directive 2009/103/EC of the European Parliament and Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability. In Article 11 of the regulation it is stated that in the event of a dispute between the guarantee institution and the insurer, about determining who must compensate the victim, the Member States are required to designate one of those parties to be responsible in the first instance for paying the compensation to the victim without delay. The Insurance Guarantee Fund has repeatedly pointed to the negative effects of the lack of full implementation of this regulation to our national legislation. It consequently must have led to competence disputes and the need for conflict resolution in courts, at the expense of victims waiting long for being paid the compensation. Having recognized the importance of the above problems, the Polish legislator finally resolved this issue by the Act of 23 October 2018, amending the act on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau in accordance with the directive. In the above amendment it has been indicated that in the event of a competence dispute the insurance undertaking is required to satisfy the justified claims, but at the same time the obligation has been imposed on the Fund to reimburse the paid compensation to the insurer, in the situation when the responsibility of the Fund to the victim of the accident was established. According to the authors, the entry into force of this regulation on 31 December 2018 should eliminate from the market the phenomenon of justified claims being not settled in due time.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"172 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123288220","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}

{"title":"The Application of the Principle of Risk in Claims Settlement in Voluntary Business Liability Insurance in the Light of Case Law","authors":"Jacek Woronkiewicz","doi":"10.5604/01.3001.0013.5646","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5646","url":null,"abstract":"This article is an attempt to analyze the insured's liability for damages pursuant to art. 435 of the Civil Code in the context of voluntary business liability insurance. Above all, it is vital to lay down the criteria which decide about the application of the principle of risk while assessing the insured’s liability for damages.The establishment of the principle of the liability of the insured person points out the specific character of the insurance relationship in the business liability insurance contract in relation to the property insurance, as the insurer shall also assesses the legal situation of the insured person, in the light of the victim’s claims.This article explores the application of the principle of risk, according to which the insured entrepreneurs are liable and the criteria for its adoption. Besides, the roles and functions of the insurer and business liability insurance have been discussed in the context of formulating the liability rules of the insured.\u0000\u0000","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126728122","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}

{"title":"Employee Capital Plans in the Form of Insurance - Legal Aspects","authors":"P. Wrzesiński","doi":"10.5604/01.3001.0013.5639","DOIUrl":"https://doi.org/10.5604/01.3001.0013.5639","url":null,"abstract":"Employee Capital Plans (PPK in Polish) are a part of a common system of voluntary pension savings schemes under the third pillar. They are assumed to cover all employees. However, each employee will be able to opt out of the participation in the program.The financial institutions eligible to offer Employee Capital Plans will include investment fund companies, general pension societies and employee pension societies as well as insurance companies. The opportunity to collect capital within the framework of Employee Capital Funds in the form of unit-linked life insurance will have an additional value for the participants, namely an insurance cover. Nevertheless, due to particular regulatory requirements and the difference between the insurance contract and other forms of Employee Capital Funds, it involves certain consequences. The present article is an attempt to address the essential issues concerning Employee Capital Funds offered in the form of insurance, regarding the insurance contract itself, such as insurance coverage or the nature of the contracts for the management and operation of Employee Capital Plans, as well as general matters, which exert an influence on the ECPs provided by insurance undertakings.","PeriodicalId":277138,"journal":{"name":"Prawo Asekuracyjne","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129931983","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}