I C 1952/13 AI generated

Court orders insurance company and hospital to pay damages and interest for known delay in compensation.

Case Number I C 1952/13

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2018-01-25

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ruled in favor of two plaintiffs seeking damages from an insurance company and a hospital for a known delay in payment. Both defendants were found to have knowledge of the damage amount and the delay, making them liable for statutory interest starting from July 2013. The judgment also allocated court costs proportionally based on the 75% victory rate for each plaintiff.

Legislator headnote

AI generated

Art. 481 § 1 i 2 k.c.; Art. 455 k.c.; Art. 98 § 1 k.p.c.; Art. 13 Ustawy o kosztach sądowych w sprawach cywilnych: Where a debtor knows the cause and extent of the damage but fails to pay on time, they are liable for statutory interest from the date of knowledge, and court costs are allocated proportionally based on the outcome of the proceedings.

Keywords

AI generated

statutory interest delay in payment known damage court costs allocation joint and several liability insurance compensation civil procedure

Cited Legislation

AI generated

Art. 481 § 1 and 2 of the Civil Code

Art. 455 of the Civil Code

Art. 98 § 1 of the Code of Civil Procedure

Art. 13 of the Act on Court Costs in Civil Matters

Minister of Justice Regulation of 28 September 2002 on fees for lawyers

art. 244 k.p.c

art. 230 k.p.c

art. 430 k.c

art. 415 k.c

art. 822 k.c

Cited Case Law

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Appeal dismissed; court partially awards costs to defendant due to plaintiff's subjective grievance and financial hardship.

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Supreme Court quashes appeal in blood donation compensation case, allowing liability based on high probability of causation.

Supreme Court increases compensation for death of sister due to brother's special bond and lack of therapy.

I CK 131/2003

V CK 282/2003

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Court dismisses parents' death claim against hospital, ruling no medical negligence caused child's death.

Civil court dismisses medical malpractice claim due to lack of fault but exempts defendant from litigation costs.

Civil court dismissed malpractice claim against hospital where expert opinion confirmed proper medical treatment caused patient's death.

Civil court dismisses medical malpractice claim against hospital where experts found no fault in care.

Court awards damages for medical negligence and interest, rejecting claim for medical record access fees.

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