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DZP has won at first instance a case against an insurer under a business interruption (BI) insurance policy. The court upheld our client's claim under the policy in full and awarded it very high statutory late payment interest – in total several million Polish zloty.
The case involved a fire that completely destroyed the factory of a German building materials group in 2010. The insurer refused to pay compensation in full, citing alleged shortcomings in the fire protection documentation and forcing our client into years of litigation, which involved numerous experts and witnesses.
Particularly important in this multifaceted case were insurance law issues, controversial in court case law, such as the legal significance of preventive obligations set out in the GTC, particularly the existence of a requirement to prove a causal link between their breach and the damage, and the legal consequences of examining the subject of the insurance prior to concluding an insurance agreement and so-called acceptance of risk. In these issues, the court upheld DZP's argument in its entirety and confirmed that the onus was on the insurer to show a causal link between potential failings of the insured and the damage.
The DZP team working for the client comprised Julita Zimoch-Tuchołka, Partner, Joanna Schubel, Senior Associate, Magdalena Krzysztoporska, Senior Associate, and Anna Oleś, Associate, from the insurance team and Paweł Paradowski, Partner in the Dispute Resolution Practice.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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