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Coverage required for third-party liability insurance of healthcare providers
insurance, healthcare, litigation
According to Polish and EU law, performance of certain services requires civil liability insurance. Such an obligation is imposed on entities performing healthcare activities, for which Polish law has specified the minimum amount of coverage. Can such coverage be exhausted by a medical loss?
Entering Poland by car and the insurance obligation
Many citizens of Ukraine are entering Poland by car, raising questions about insurance, the “Green Card,” and other issues. Below are some key clarifications.
What is “use of a motor vehicle,” and what does it mean to the insurance industry?
insurance, automotive, litigation
The scope of the insured’s liability (and thus, the insurance companies’ auxiliary liability) is affected not only by national law, but also by EU legislation and case law regarding “use of a motor vehicle.” After a recent Supreme Court resolution, a contradiction between the two has emerged.
Third-party liability insurance for owners of autonomous vehicles
Autonomous cars are slowly becoming a reality, accompanied by logistical, technological and legal barriers. The Polish parliament has already made some initial legislative steps by introducing, for example, a definition of an autonomous motor vehicle and a procedure for testing such vehicles on public roads. However, there is a need for further statutory regulation of insurance products and insurance companies tasked with providing compulsory third-party liability protection in a situation of great uncertainty and legal gaps.
Business interruption insurance and the coronavirus crisis
coronavirus, litigation, insurance
Even before a state of epidemic threat was announced, some businesses anticipating the probable impact of the approaching pandemic decided to take out business interruption insurance. But can this type of coverage make up for at least some of the losses due to the pandemic?
Personal injury during the pandemic
government claims, litigation, coronavirus
The state’s enforcement of epidemiological restrictions (commands and prohibitions), despite many doubts as to their constitutionality, currently constitutes lawful exercise of public authority. Nonetheless, even actions by the state with the blessing of the law may entail a risk of COVID-19 infection for doctors, nurses, police and others. Serious detriment to their health—or even death—as a result of infection may give rise to liability on the part of the State Treasury under the principle of equity.
State Treasury liability for legal injury during the pandemic
government claims, litigation, coronavirus
Declaration of a state of epidemiological threat and then a state of epidemic, and other legal acts, entails not only introduction of commands and prohibitions in everyday and professional life but also various types of restrictions on business operations. Doctors may be directed to work in hospitals for infectious diseases. Businesses are saddled with new restrictions causing them to generate significant losses. Can damages be sought from the State Treasury due to these restrictions?
Coronavirus and international carriage of goods by road
A range of legislative and legal initiatives have been taken in recent days to control the spread of the SARS-CoV-2 coronavirus epidemic. How will temporary closing of borders and mandatory hospitalisation impact carriers’ liability in international transport of goods by road?
Direct compensation from insurers under the new commercial procedure
Will the amended civil procedure rules improve the litigation position of people suffering a loss in motor vehicle collisions?
Yellowhammer—a whip for carriers: Who will be responsible for deterioration of perishable goods during border controls?
In September, the British media published a documentary on Operation Yellowhammer, analysing the possible effects of the UK’s withdrawal from the European Union without an agreement. The legal chaos caused by a hard Brexit could lead to several days of truck stoppages at the border, creating a risk of damage to perishable goods.
A contributory role in contributing. When might an error made by a representative lead to a decrease in the amount of damages due?
Supreme Court, insurance
Properly determining the amount of damages sought for loss of health, where a party pursuing a claim for injury partly caused the loss, can be a problem even for professional representatives of such claimants. This is because this issue raises a number of grave practical concerns, addressed by the Supreme Court in a resolution of 11 April 2019 (III CZP 105/18), and also by other bodies.