Wykluczenie z ubezpieczenia na życie osób dotkniętych określonymi chorobami przewlekłymi
Life insurance exclusions in the context of chronic diseases

Summary/Abstract: he aim of the article is to give notice to the problem of life insurance exclusion of particular groups of people who represent a large percentage of population. Diseases like tumour, coronary artery dis- ease, mental disorders and other chronic diseases are inherent in every populace and the amount of patients is increasing.Chronic diseases are those which most of people would like to insure against. Unfortunately, these expectations do not necessarily coincide with the offers presented by insurers. General insurance con- ditions contain a number of exemptions. Most of them refer to the state of health. Medical history con- stitutes an important factor in the insurance risk assessment process. Taking into account the interest of an insurer, the risk of the insured’s death must be viewed carefully in the process of underwriting in order to prevent an excessive loss of an insurance company.Life insurance in Poland is regulated mainly by the Civil Code of 23 April 1964 and the Act on Insur- ance Activity of 22 May 2003. Art. 13 of the Insurance Act imposes on the insurer a duty to determine the insurance rate in the insurance contract. In order to fulfill the obligation, an insurance company must undertake a process of underwriting. Health factor affects the amount of risk related to life insur- ance. Applicants with a history of chronic diseases must reckon with an increased rate or sum assured.The article is concerned with difficulties these particular groups of people may have for the dura- tion of underwriting process. In the article it is taken on board that some concepts are narrowly de- fined by the acts as well as by general insurance conditions. The author of the article draws attention to the legislative shortcomings that may contribute to the discrimination based on health status and presents possible solutions to overcome these problems.

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