Wyłączenie odpowiedzialności ubezpieczyciela w ubezpieczeniach grupowych za śmierć będącą następstwem tzw. choroby istniejącej przed objęciem ubezpieczonego ochroną ubezpieczeniową
Insurer’s liability exclusion in a group life insurance for a death caused by a pre – existing condition

Summary/Abstract: Group life insurance in Poland, particularly popular on the bancassurance market and workers` programme, very often includes pre-existing medical condictions provision. This means that the insurer does not evaluate the risk based on medical interview (questionnaire), but excludes its liability for an insurance accident caused by an illness existing in the insured party before joining the insurance. The popularity of this type of insurance was not reduced by the fact that pre-existing mediacial conditions provisions were considered abusive by the SOKiK (the court of competition and consumer protection). This article is devoted to the admissibility of including such provisions in general terms of insurance in the light of Polish law and correctness of their legal qualification performed by Polish courts. The problem of relations between arguments involving the nature and specificity of group insurance and the legal regulation regarding the scope of insurance cover in life insurance will also be discussed.

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