Legislator Case Law & Legislation
II PK 152/05 AI generated

Supreme Court allows claim for unjust enrichment when employer retains accident insurance payout owed to employee.

Case Number II PK 152/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal and ordered the return of 900 PLN in litigation costs. The court held that an employee injured while working abroad was entitled to compensation from a group accident insurance policy held by the employer, despite a clause suggesting the state should receive the payout. The court ruled that the insurance contract covered the employee as the insured party and that the employer's retention of funds constituted unjust enrichment under civil law.

Legislator headnote

AI generated

Art. 25 § 1 of the Private International Law Act; Art. 405 of the Civil Code Code: An employer who retains accident insurance benefits paid to an employee for a work injury committed abroad is liable for unjust enrichment, as the insurance contract covers the employee as the insured party.

Keywords

AI generated
unjust enrichment work accident insurance cross-border employment group insurance policy civil liability employee compensation employer retention

Cited Legislation

AI generated
Art. 25 § 1 of the Private International Law Act
Art. 405 of the Civil Code
Art. 435 of the Civil Code
Art. 398 § 1 of the Code of Civil Procedure
Art. 108 § 1 of the Code of Civil Procedure
art. 409 k.c
art. 808 k.c
art. 829 k.c
art. 405 k.c
art. 3983 § 1 pkt 2 k.p.c

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