Prawo do kurtażu w razie zmiany brokera ubezpieczeniowego
Insurance broker’s right to commission in case of change of the broker

Summary/Abstract: The article refers the issue which broker is entitled to the commission from the insurance contract when broker who negotiated the contract was replaced by another broker before signing it or when new broker appeared after the conclusion of the insurance contract. In legal doctrine and judicature predominates the view that the commission shall as a rule be due to the broker who gave shape to the concluded in- surance contract. However in practice a proposition, justified by utilitarian arguments, is submitted that exactly the signature under the insurance policy shall be decisive and that in case of change of a bro- ker in due course of the concluded insurance contract or at the stage of its extension for new period the commission should fall to the new broker. The author criticises such postulates approving the tra- ditional opinion and indicates that this opinion shall be mirrored in the new version of the Principles of good practice and cooperation of insurance brokers and insurers.

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