Court orders insurance company to pay construction defect damages excluding performance claims under OWU §21.3.1.

The court ordered the insurance company to pay the plaintiff 73,287.75 PLN for damages caused by defective construction work, while dismissing the claim for 3,857.25 PLN due to a deductible. The plaintiff argued that the insurer's refusal to cover replacement costs violated the compensatory nature of insurance, whereas the defendant contended the claim included performance obligations excluded by law. The court ruled that the plaintiff's claim was limited to compensation for property damage, which falls within the insurance coverage, and thus awarded the full amount proven while dismissing the excess portion.