The bank as entitled to a claim under the insurance contract concluded as collateral for the loan Cover Image

Bank jako uprawniony do dochodzenia roszczeń z umowy ubezpieczenia zawartej jako zabezpieczenie spłaty kredytu
The bank as entitled to a claim under the insurance contract concluded as collateral for the loan

Author(s): Natalia Szydłowska
Subject(s): Law, Constitution, Jurisprudence, Business Economy / Management
Published by: Polska Izba Ubezpieczeń
Keywords: beneficiary; assignment of contractual rights; insurable interest; insurer; insurance intermediary; undue payment; abusive clauses; recommendations

Summary/Abstract: The purpose of this article is to discuss the legal situation of the parties to the insurance contract, included as collateral of payment of the loan. In practice, insurance contracts are concluded in which the bank is an entity authorized to pursue claims from the insurer, trough: setting it up to beneficiaries of the borrower’s life insurance contract, the assignment of receivables from the insurance contract, insurance of own interest by the bank and also through the bank’s insurance of someone else’s interest in the insurance contract on someone’s account. The considerations were based mainly on the analysis of court judgments and recommendations of the PFSA.

  • Issue Year: 2018
  • Issue No: 3
  • Page Range: 51-68
  • Page Count: 18
  • Language: Polish