Consumer bankruptcy
On March 24, 2020, amended provisions on consumer bankruptcy in Poland enter into force. The provisions are intended to help people who do not run a business (including those who have carried out such activities but closed it) to conduct bankruptcy proceeding.
Many people struggle with the problem of insolvency – current revenues do not allow payment of all liabilities. This situation is often the result of a series of adverse life situations (job loss, illness, loss of contractors) and leads to further tragedies. For many people, bailiff executions and debt collection companies pose a great mental burden. Unfavorably concluded contracts may lead to accumulation of fees that are ultimately not repayable.
In some situations, it is worth considering submitting a motion on consumer bankruptcy. The bankruptcy proceeding allows to suspend the execution of debt collectors and to set up (with the help of a trustee) a plan to repay creditors, and finally – it allows for debt relief and start living without debts.
Feel free to contact our office. Contact form in the CONTACT tab
August 28, 2019 – autocasco insurance
Another win for Ms. Małgorzata Więcko-Tułowiecka in a case against the insurer – this time with autocasco insurance.
The client has concluded a vehicle autocasco insurance contract.
In February 2017, there was a collision in which the client’s vehicle was damaged. However, despite the conclusion of the insurance contract with the option of a fixed sum insured, the insurance company determined the amount of compensation based on a different value of the vehicle. Although the fixed sum insured was set at PLN 115,000, the insurer calculated the compensation assuming the value of the vehicle as PLN 86,000. In connection with the fact that the insurer recognized the damage as so-called total damage and set the value of the wreck at PLN 20,100, the client received only PLN 65,900.
The case was filed into court and eventually the court admitted that since the client had paid an additional premium rate for the so-called “Fixed sum insured” this compensation should be calculated on the basis of the value defined as that fixed sum insured. The court awarded the client an additional amount and thanks to that she will be able to buy back exactly the vehicle she had before the accident.
The judgment of the Court of first instance – despite the appeal made by the insurer – was upheld in full and is final.
In connection with the fact that refusals to pay benefits under auto-insurance contracts are quite common, it is worth checking whether the insurer’s position is actually correct. Feel free to contact our office. Contact form in the CONTACT tab
April 10, 2018 – credit insurance
Ms. Małgorzata Więcko-Tułowiecka won another case against the Insurer. On April 10th, 2018, a final judgment was issued before the Warsaw Regional Court.
In 2010 and in 2011, the client concluded two loan agreements with the bank, joining group unemployment insurance for borrowers of cash loans granted by the bank . On June 12, 2014, her employer, pursuant to the Act of March 13, 2003 on special rules for terminating employment agreements with employees for reasons not related to employees, terminated her employment contract of June 1, 2012 concluded for the duration of the contract specific work. Due to the above, on July 7, 2014 the client submitted to the insurance company an application for payment of an insurance benefit, which was to cover subsequent (monthly) installments of the loan. Unfortunately, the insurance company refused the payment , considering that the client’s employment contract was a fixed-term contract. Despite written appeals, the insurer did not pay the sum insured.
Both the judgment of the court of first instance and the judgment of the court of second instance (the insurance company appealed) thanks to the arguments presented by Ms. Małgorzata Więcko-Tułowiecka is in favour of the client. The courts had no doubt that in this difficult situation the insurance company should help the client repay her loan. Therefore, both instances awarded the client full amount claimed.
Due to the fact that refusals to pay benefits from various types of credit insurance contracts are quite common, it is worth checking whether the refusal position is actually correct. Feel free to contact our office. Contact form in the CONTACT tab
March 1, 2018 – social security – maternity allowance
Ms. Małgorzata Więcko-Tułowiecka recorded another win – this time against the Social Insurance Institution.
The client’s case concerned an increasingly frequent situation – the Social Insurance Institution (ZUS) refused her payment of maternity benefit because of the fact pregnancy appeared very shortly after the conclusion of the employment contract. ZUS decided that the client, despite being employed, was not subject to social insurance, and the employment contract concluded violates the principles of social coexistence.
However, a woman cannot be accused of knowingly entering into a contract of employment, e.g. by planning a pregnancy. A woman must have protection at this time in her life – not only legal – but also actual, including financial, which should be hypothetically guaranteed to her by the State paying maternity allowance at that time. As a result of ZUS’s operation, the client was deprived of funds when she needed them the most. Unfortunately, the case before the court was pending so long that the client’s maternity leave had already passed and she returned to work . ZUS, however, paid to the client maternity benefit in full amount claimed.
Due to the fact that ZUS’s refusals to pay maternity and sickness benefits are quite frequent, it is worth checking whether the position issued in your case is actually correct. Feel free to contact our office. Contact form in the CONTACT tab
December 20, 2017 – accident insurance
Ms. Małgorzata Więcko-Tułowiecka won another case against the insurer. On December 20, 2017, a final verdict was issued before the Warsaw Regional Court.
The client has joined the accident insurance group agreement for owners and co-owners of savings and settlement accounts in a bank (group insurance). Pursuant to the provisions of the insurance contract, the client was covered by insurance together with family members, including the spouse. Insurance coverage covered the death of a family member as a result of an accident.
In 2014, the client’s husband died. The cause of death was a rupture of the brain aneurysm in a car during driving. It resulted in loss of consciousness of the man. Loss of consciousness resulted in the loss of control of the vehicle and an accident with another vehicle. The client’s husband suffered a severe multi-organ trauma and died . The client filed a claim under the insurance contract, but the insurance company refused to pay the benefit, indicating that the cause of death was not an accident but a disease – excluded by insurance contract.
Despite written appeals to the insurance company and despite the intervention of the Financial Ombudsman, the client did not receive any compensation. The case was filed in court.
Both the judgment of the court of first instance and the judgment of the court of second instance (the insurance company appealed) thanks to the arguments presented by Ms. Małgorzata Więcko-Tułowiecka is in favour of the client. The courts had no doubt that in this difficult situation, the insurance company should pay cash benefit due to her husband’s death. Therefore, both instances awarded the client the full amount claimed.
A detailed legal analysis of this case was published in the quarterly Prawo Asekuracyjne No. 1 (94) / 2018