Zgłoszenie okoliczności, które mogą spowodować wniesienie roszczenia a skuteczność dochodzenia roszczeń z umowy ubezpieczenia D&O
Notifi cation of Circumstances Likely to Give Rise to a Claim versus the and Effectiveness of Pursuing Claims under D&O Insurance Contracts

Summary/Abstract: Before concluding a D&O insurance contract, insurers request information about circumstanceswhich are likely to give rise to a claim or proceedings against the insured in the future. Moreover,the insurance contract may impose an obligation on companies to notify the insurer of certainevents that will become apparent after the conclusion of the contract. This article attempts toexplain how the occurrence of the above circumstances affects the cover under D&O insurancecontract with regard to claims that a company may bring against its directors and offi cers. Thecomplexity of the relationship between entities covered by insurance and the structure of the in-surance based on the claims-made trigger may exert certain infl uence on the effectiveness of thecompany’s claims against directors and offi cers under insurance contract. Therefore, the articlediscusses only selected aspects related to the above-mentioned questions, i.e. the company’s dutyto inform the insurer about circumstances known before and after the conclusion of the insuran-ce contract, as defi ned in Articles 815 and 818 of the Polish Civil Code, the risk of renderingthe D&O insurance contract ineffective under Article 806 of the Polish Civil Code, in relationto known circumstances that occurred before the conclusion of the contract and, fi nally, therisk of limitation of claims under the insurance contract where the insurer has been notifi ed ofcircumstances that may give rise to a claim or proceedings in the future.

• Details
• Contents