Today’s legal insert to Rzeczpospolita [Rzeczpospolita of 22/09/2016, No. 222 (10555)] published an opinion by Prof. Marcin Orlicki, Partner at SMM Legal, commenting on the Supreme Court judgement on so-called underinsurance; that is, the reduction of compensation paid out by insurance companies based on the underestimated value of the insured item, despite the fact that the insurance sum is sufficient and no compensation cut is required.
Prof. Orlicki emphasized that the Supreme Court prescribed paying particular attention to the interest of consumers who are likely to be unaware of the need to carry out a reliable valuation of the insured property, and do not expect their compensation to be reduced as a result of underinsurance. What’s more, Prof. Orlicki underlined the benefits of fair application of the proportionality rule for consumers, allowing for insuring their interests in a number of ways.
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