Cywilnoprawne konsekwencje niedostosowania przez dystrybutora produktu ubezpieczeniowego do wymagań i potrzeb klienta
Civil Law Consequences of Failure to Adjust an Insurance Product by the Distributor to the Client's Requirements and Needs

Summary/Abstract: Failure to adjust an insurance product by the distributor to the client's requirements and needs may, in certain cases, lead to the invalidity of the insurance contract clauses or may be remedied by interpreting the provisions of the insurance contract in favor of the client. However, the primary form of client protection will usually be the distributor's liability for damages. This liability, as a rule, is contractual liability based on the presumption of fault. It arises from the brokerage agreement in the case of brokers, while for other distributors, it is derived from the provisions of the Insurance Distribution Act. For dependent agents, insurance companies are liable under strict liability rules. As a rule, the client may demand full compensation in accordance with the difference theory. However, in many cases, the distributor's liability will be limited to the amount of the overpaid premium.

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