Początek biegu trzyletniego terminu przedawnienia roszczenia przeciwko ubezpieczycielowi o naprawienie szkody wyrządzonej czynem niedozwolonym
The commencement of the three-year limitation period for a claim against the insurer for compensation for damage caused by a tort

Summary/Abstract: The article deals with the issue of determining the moment from which the limitation period for claims for compensation for damage caused by a tort begins to run against the insurer. The possibility of bringing an action directly against the insurer who concluded a third party liability insurance contract with the re- sponsible entity is unquestionable in the light of Art. 822 § 4 of the Civil Code. However, it is problematic to determine whether the three-year limitation period referred to in Art. 4421 § 1 and 3 of the Civil Code begins its course when the victim learns about the damage and the entity liable according to the pro- visions on torts, or when he or she learns about the insurer obliged to repair such damage. The author considers the latter position correct, providing arguments in support of it.

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