Zasada lojalności stron w stosunku zobowiązaniowym: poszukujący ochrony ubezpieczeniowej – pośrednik ubezpieczeniowy – ubezpieczyciel
The Principle of Loyalty in the Contractual Relationship: Insurance Seeker – Insurance Intermediary – Insurer

Summary/Abstract: Having attempted to defi ne the duty of loyalty of the parties to the tripartite relationship: insuranceseeker – insurance intermediary – insurer, the author of the article tries to answer the questionwhether it can be classifi ed as an obligation of increased trust. He applies the dogmatic as wellas empirical legal methodologies in order to implement the previous research hypotheses. Theperception of loyalty varies from obligation to obligation. This duty intensifi es in relationshipsbased on cooperation and broadly understood intermediation, which is characterised by deci-sion-making freedom of the ordering party before the conclusion of the contract with a contractorspecifi ed by the intermediary and independence of the insurance broker’s activities. The formulais based on a signifi cant risk and trust at the same time. Firstly, insurance brokers do not knowwhether the presented offer will satisfy insurance seekers and, secondly, they cannot be sureif their offer will be fi nally accepted. Therefore, on the one hand, the duty of loyalty requiresthe intermediaries to provide extensive information about all the circumstances of the potentialtransaction, and, on the other hand, the same duty burdens the insurance customers with theobligation to confi rm the actual situation caused by the insurance broker, in which the intendedgoal has been achieved. All in all, the intermediary’s purpose can only be accomplished withthe participation of the insurance seeker. The aim of the article is to develop the model for theproper implementation of the tripartite obligation relationship, consisting of the entity seekinginsurance cover, insurance intermediary and insurer.

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