Offering by the Policyholder Insurance Coverage within the Group Insurance and Agency Contract as Well as Insurance Agency. Critical Commentary on the Judgment of the Court of Appeal in Warsaw of 23 May 2019 (VII AGa 684/18, LEX no. 2713606)

The commentary addresses the crucial research problem of the correct identification of policyholder’s legal position as a party to the group insurance contract in the context of problematic aspects of agency contract, insurance intermediary, group insurance and also in the context of provisions of the Civil Code regulating agency contract and in the context of economic insurance legislation. In addition, the commentary addresses the problem of the scope of Article 7614 of the Civil Code in connection with the demand for return of the remuneration which the insurer has paid the policyholder. The solution of these problems enriches academic achievements regarding agency contract and insurance intermediary and also is significant for judicial interpretation and application of provisions regulating these spheres. The commentary criticizes the position of the Court of Appeal regarding issues related to the above-mentioned research problems and assumes that acting as the policyholder on the basis of a contract denominated as the group insurance contract towards persons seeking insurance cover and stipulation a remuneration of the policyholder in the case of accession a third party to the insurance may not lead to qualification above-mentioned contract as a typical agency contract as well as to regarding the taking action as the policyholder as insurance intermediary. The commentary questions quoted by the Court of Appeal position according to which Article 7614 sentence 1 of the Civil Code is applicable in the case of high probability of failure to perform by the party to the contract executed through an agent. The commentary encloses original and cognitive valuable analysis of the position of the Court of Appeal, because it was carried out in the context of academic achievements and author’s concepts and also presents results in matters of solution interpretative divergences identified in the course of the above-mentioned analysis.