W sprawie refundacji kosztów wynagrodzenia pełnomocnika w ubezpieczeniowym postępowaniu likwidacyjnym
On refund of plenipotentiary’s remuneration in insurance liquidation proceedings

Summary/Abstract: The purpose of the paper is to challenge a thesis that a party injured in e.g. road accident is always entitled to claim – from her civil liability insurer – compensation of costs beard for remuneration of a plenipotentiary in insurance liquidation proceedings.At first a broad analysis on scope of insurer’s liability in civil liability insurance is introduced. This includes so called accessory character of such liability as well as the nature of actio directa principle. Next the authors move on to the issue of insurance liquidation proceedings which ac- cording to Polish law are specific, non-contradictory and prejudicial proceedings aimed at satis- fying insurance claims. A relevant comparison to other prejudicial procedures (e.g. in telecommu- nication or transportation law) is made. It is followed by review of recent Polish jurisprudence on reimbursement of plenipotentiary’s remuneration and comments to significant judgments. Finally the authors discuss the Supreme Court judgment of November 17th, 2011 (III CZP 5/11) and its particular relevance to the issue of compensation of costs beard for remuneration of a plenipo- tentiary in insurance liquidation proceedings.The article ends with a overall conclusion that a compensation of costs beard for remu- neration of a plenipotentiary in insurance liquidation proceedings is rather exceptional then conventional.

• Details
• Contents