Specyfika świadczenia ubezpieczyciela w umowie ubezpieczenia
Specyfics of the Insurer’s Performance in the Insurance Contract

Summary/Abstract: The purpose of this article is to analyze the specyfics of insurer’s performance inthe insurance contract. This analysis covers mostly the attempt to resolve a dispute betweendoctrine of risk assumption which considers the insurer’s performance as bearingthe risk of the insurance indemnity payment and doctrine of cash benefit which considerssuch performance solely as payment of the insurance indemnity.Author supports the doctrine of risk assumption which affects also directly thelegal character of the insurer’s performance. The performance understood as risk assumptioncoexists with performance of payment of the insurance indemnity as equalmain performance of the insurer. First of them should be recognized as continuous performance,second (except insurance pension) as one-time performance. First of themshould be also recognized as indivisible performance, second as divisible.

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