Court allows damages claim against insurer for delayed payment, granting interest from 30-day deadline expiry.
Poland (PL)
Legislator summary
AI generatedThe court partially dismissed the plaintiff's claim against the insurance company, awarding 20,000 PLN in damages plus interest calculated from the day after the statutory 30-day payment deadline expired. The plaintiff argued for interest starting from July 20, 2013, but the court found this date incorrect because the claim became immediately enforceable only after the insurer failed to pay within the legal period following the accident report. Consequently, the court rejected the portion of the claim requesting interest prior to the deadline's expiration while ordering the defendant to bear the full procedural costs.
Legislator headnote
AI generatedArt. 445 § 1 k.c.; Art. 455 k.c.; Art. 817 § 1 k.c.; Art. 822 k.c. - A claim for compensation is a non-term obligation that becomes due and enforceable thirty days after the insurer receives the accident notification; interest on damages accrues only from the day following the expiration of this statutory period, not from the date of the initial demand.