I C 589/18 AI generated

Court partially allowed tort claims for bereavement damages against insurer for death of family members.

Case Number I C 589/18

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2018-09-17

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially dismissed the plaintiffs' claims for compensation against the insurance company regarding a fatal traffic accident. While the defendants argued the deceased's family had already received compensation during a separate liquidation proceeding, the court found the plaintiffs successfully proved the existence of a family bond and emotional suffering. Consequently, the court awarded partial damages for the severed family ties while dismissing the remainder of the suit.

Legislator headnote

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Art. 448 k.c.; Art. 24 § 1 k.c.: The insurer's liability extends to compensation for personal injury damages suffered by close family members of the deceased, provided a family bond is proven.

Keywords

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tort liability bereavement damages family bond insurance coverage personal injury close relatives emotional suffering

Cited Legislation

AI generated

Art. 448 k.c.

Art. 24 § 1 k.c.

Art. 817 § 1 k.c.

Art. 100 k.p.c.

Art. 113 ust. 1 ustawy z dnia 28 lipca 2005r. o kosztach sądowych w sprawach cywilnych

Art. 113 ust. 4 ustawy z dnia 28 lipca 2005r. o kosztach sądowych w sprawach cywilnych

art. 448 k.c

art. 24 § 1 k.c

art. 177 § 2 k.k

art. 436 § 2 k.c

Cited Case Law

AI generated

II CSK 537/2011

II CSK 248/2010

I CSK 621/2011

I CSK 314/2012

Supreme Court allows compensation for grief to next of kin for death caused by tort before 2008 amendment.

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Civil court partially allows death compensation claims against a corporation for sister's death.

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