Action vs. Towarzystwo Ubezpieczeń na życie EUROPA S.A. (no. 1)

A group of clients of Towarzystwo Ubezpieczeń na Życie Europa S.A. – represented by the Municipal Consumer Ombudsman in Warsaw – vs. Towarzystwo Ubezpieczeń na Życie EUROPA S.A.

Action for payment on the grounds of return to group members of undue performances in the form of amounts paid by group members to the defendant on the basis of provisions of invalid group life and endowment insurance agreements with an insurance capital fund (invalid declarations of will of group members on the intention to take advantage of the reservation for their insurance protection due to the lack of indication in the content of the declarations of an amount constituting the amount of insurance sum related to the defendant’s risk, i.e. essentialia negotii of the insurance contract), and alternatively (if the claim is dismissed in the above-mentioned extent) – for payment on the grounds of return to group members, as undue performances (prohibited contractual provisions), of amounts collected by the defendant as termination and handling fees (administration).

517 group members

  • Decision of the Regional Court in Warsaw 1st Civil Division of 7th September 2018, I C 464/16 – establishing the composition of the group
  • The hearing of 26th March 2018
  • The hearing of 22nd February 2018
  • The hearing of 9th January 2018
  • Hearings of 18th, 19th and 20th October 2017 – questioning of 64 group members regarding the circumstance if they joined a group insurance agreement as entrepreneurs
  • The hearing of 1st June 2017
  • Statement of claims filed on: 22nd December 2014