Klauzule wyłączające ochronę ubezpieczeniową w konsumenckiej umowie ubezpieczenia ochrony prawnej – uwagi na tle wyroku niemieckiego Trybunału Federalnego (Bundesgerichtshof) z 4 lipca 2018 roku
Clauses excluding the insurance cover in a consumer legal Expenses insurance contract – comments on the judgment of German Federal Court of Justice (Bundesgerichtshof) of 4 July 2018

Summary/Abstract: The article presents selected remarks on the judgment (case reference number IV ZR 200/16) passed on 4 July 2018 by German Federal Court of Justice in the matter of legal expenses insurance. The Court considered the clause excluding the insurance cover applied in model terms & conditions of legal expenses insurance (ARB 2008) to be unclear and thus not binding to the consumer. On the occasion of this judgment, issues related to the term of an insured event were discussed, which is an essential concept for insurance practice. The presentation of the most important statements of the ruling is ac- companied by comments on binding provisions of Polish law regarding the legal expenses insurance, the content of selected general terms and conditions of Polish legal expenses insurers, as well as the current jurisprudence of Polish Supreme Court as to the interpretation of the general insurance terms.

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