Zadośćuczynienie pieniężne za krzywdę osoby najbliższej bezpośrednio poszkodowanego a odpowiedzialność zakładów ubezpieczeń – przegląd orzecznictwa
Pecuniary compensation for harm of persons closest to directly injured and the liability of insurance companies – overview of the judicature

Summary/Abstract: Compensation for harm of persons closest to directly injured is a significant challenge not only for insur- ance companies but also for the courts. The article provides a development of inconsistent judicature in the present cases and its consequences to insurance market.In the first part the authors describe judgements granting pecuniary compensation to persons closest to directly injured taking into account extended interpretation of civil law provisions. In the further part the authors present judgements dismissing the claims and referring to traditional understanding of personal rights law. Subsequently the article discusses resolutions of the Supreme Court which provided the attempt of uniforming the interpretation of provisions significant for the present cases. Their importance for the insurance market is also emphasized.In the conclusions the authors point out that there is a necessity to create firm and coherent rules of granting compensation for above mentioned harm in insurance companies. They also highlight the importance of the Supreme Court’s resolutions for establishing consisted policy in the above mentioned cases. Conclusions provide also the necessity to create clear and unambiguous regulations which could be the basis for granting due compensation to the harmed families.

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