Conflict of Interest and Dispute Resolution from the Perspective of Legal Expenses Insurance Cover Image

Problematyka konfliktu interesów i rozwiązywania sporów z perspektywy ubezpieczenia ochrony prawnej
Conflict of Interest and Dispute Resolution from the Perspective of Legal Expenses Insurance

Author(s): Szymon Szmak
Subject(s): Law, Constitution, Jurisprudence, Law on Economics
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: conflict of interest; dispute resolution; legal expenses insurance; liability insurance; freedom to choose a lawyer.

Summary/Abstract: The article presents the most relevant issues related to dispute resolution from the perspective of a specialized type of insurance, which is legal expenses insurance. Moving from the theoretical issues of interest and the description of the most important national and European regulations on legal expenses insurance, the Author analyses detailed scenarios of disputes, as defined, “inside” and “outside” the insurance contract. The “conflict-generating” peculiarities of this type of insurance are shown through the prism of the so-called models of conflicts of interest prevention in the Solvency II Directive, while the auxiliary function of the insurance contract in the event of a dispute is illustrated by the scope of the insurer’s services, as well as the freedom to choose a lawyer. Final conclusions refer to the demands towards the legal environment and the practice of legal expenses insurance in Poland.

  • Issue Year: 3/2023
  • Issue No: 60
  • Page Range: 68-81
  • Page Count: 14
  • Language: Polish