Monitor Prawniczy

no. 10/2019

Pursuing claims for payment of the surrender value under a unit-linked life insurance policy

Iwona Gębusia
Autorka jest radcą prawnym w Warszawie.
Abstract

The text focuses on the limitation period pertaining to back-end load fees under unit–linked life insurance policies. The text is based, in particular, on the facts underlying the Supreme Court resolution of 10 August 2018, III CZP 22/18, according to which the limitation period pertaining to the back-end load fees under unit–linked life insurance policies is governed by Art. 118 of the Civil Code. Pursuant to the Supreme Court resolution a unit–linked life insurance policy is essentially a combination of an insurance contract and an investment agreement. Such an explanation results in far–reaching consequences in the field of filing claims for refunding of back-end load fees against insurance companies.