Oferowanie przez ubezpieczającego przystąpienia do ubezpieczenia grupowego a umowa agencyjna i pośrednictwo ubezpieczeniowe. Glosa krytyczna do wyroku Sądu Apelacyjnego w Warszawie z dnia 23 maja 2019 r. (VII AGa 684/18, LEX nr 2713606)
Offering by the Policyholder Insurance Coverage within the Group Insurance and Agency Contract as Well as Insurance Agency. Critical Commentary on the Judgment of the Court of Appeal in Warsaw of 23 May 2019 (VII AGa 684/18, LEX no. 2713606)

Summary/Abstract: The commentary addresses the crucial research problem of the correct identification of policy-holder’s legal position as a party to the group insurance contract in the context of problematic aspectsof agency contract, insurance intermediary, group insurance and also in the context of provisions ofthe Civil Code regulating agency contract and in the context of economic insurance legislation. Inaddition, the commentary addresses the problem of the scope of Article 7614 of the Civil Code inconnection with the demand for return of the remuneration which the insurer has paid the policy-holder. The solution of these problems enriches academic achievements regarding agency contract andinsurance intermediary and also is significant for judicial interpretation and application of provisionsregulating these spheres. The commentary criticizes the position of the Court of Appeal regardingissues related to the above-mentioned research problems and assumes that acting as the policy-holder on the basis of a contract denominated as the group insurance contract towards persons seekinginsurance cover and stipulation a remuneration of the policyholder in the case of accession a thirdparty to the insurance may not lead to qualification above-mentioned contract as a typical agency contract as well as to regarding the taking action as the policyholder as insurance intermediary. Thecommentary questions quoted by the Court of Appeal position according to which Article 7614 sen-tence 1 of the Civil Code is applicable in the case of high probability of failure to perform by the partyto the contract executed through an agent. The commentary encloses original and cognitive valuableanalysis of the position of the Court of Appeal, because it was carried out in the context of academicachievements and author’s concepts and also presents results in matters of solution interpretativedivergences identified in the course of the above-mentioned analysis

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