Uznanie roszczenia przez zakład ubezpieczeń. Case study
Claim adjusting by the insurance company. Case study

Summary/Abstract: Performed analysis of the actual state after the fortuitous event determines the legitimacy of the claim and the amount of the benefit. The insurance company pays compensation or benefit based on the claim of the right-holder under the insurance contract. In practice, especially in cases concerning the so-called medical errors, a problem arises, what status and the consequences during the court proceedings will have the insurance company’s recognition of the right-holder’s claim. Here based on the actual state of law, we will determine what legal character such recognition bear and discuss whether it is justifiable. In addition, we will focus on exploration of the material and legal consequences of recognition of the claim (inter alia, interruption of the limitation period, transfer of claims to heirs) and litigation (including the possibility of considering a case in separate proceedings, dissimilarity in evidentiary proceedings).

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