I C 1206/12
AI generated
Court dismisses lawyer negligence claim as plaintiff failed to prove actual loss from missed appeal.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for damages against the defendant insurance company regarding the plaintiff's lawyer's failure to retrieve a court judgment. The plaintiff argued the lawyer's negligence prevented an appeal, but the court found no evidence of actual harm since the underlying claim was already time-barred. Consequently, the court ruled that without proven loss, the insurance company was not liable for the lawyer's professional misconduct.
Legislator headnote
AI generatedArt. 822 § 1 k.c.; The insurer is liable for damages caused by the insured's professional negligence only if the claimant proves that the negligence resulted in actual loss, which was not established here.
Keywords
AI generated
lawyer negligence
professional liability
insurance coverage
actual loss requirement
civil code liability
Cited Legislation
AI generatedArt. 822 § 1 k.c.
art. 102 k.p.c.
art. 822§4 k.c
art. 120§1 k.p
art. 355§2 k.c
art. 472 k.c
art. 355 k.c
art. 5 k.c
art. 471 k.c
art. 361§1 k.c