Supreme Court declares statute of limitations defense an abuse of law due to insurer's failure to inform claimant.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the Social Security Fund's appeal regarding the statute of limitations defense in a death benefit case. The court found that the insurer failed to inform the widow of her right to a one-time compensation for her husband's death, which would have been filed within the limitation period had she been aware. Consequently, the court ruled that raising the statute of limitations argument constituted an abuse of law under Article 8 of the Civil Procedure Code. The case was remanded to the lower court for a new decision on the merits.
Legislator headnote
AI generatedArt. 8 k.p.; Art. 10 ust. 1 pkt 3; Art. 11 ust. 1 ustawy o ubezpieczeniu społecznym rolników; If an insurance body fails to inform a beneficiary of a specific claim right, raising the statute of limitations constitutes an abuse of law.