Granice swobody ubezpieczyciela w kształtowaniu zakresu należnego odszkodowania w umowach ubezpieczenia autocasco pojazdów
The limits of contractual freedom in connection with the conclusion of a motor vehicle insurance contract

Summary/Abstract: This article contains an analysis of the limits of contractual freedom in connection with the conclusion of a motor vehicle insurance contract, taking into account the various methods of estimating the due compensation commonly used by insurers in the standard contract terms, depending on whether we are dealing with the so-called partial loss or the so-called total loss. Since the mid-2020 the Financial Ombudsman has been questioning the admissibility of such autocasco insurance contract terms , therefore it is necessary to discuss the limits of the insurer’s freedom of contract, taking into account the provisions of civil law, insurance law and consumer law.

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