The Polish Supreme Court has just made two significant judgments (case no. I CSK 43/15 and case no. I CSK 78/15) in cases concerning insurers’ liability in damages for activities of insurance agents in the context of controversial investment insurance contracts.

Both cases were about the interpretation of Art. 11.1 of the Act of 22 May 2003 on insurance mediation (text: ISAP), under which an insurance undertaking is not liable for a loss caused by an insurance agent unless such loss is caused in connection with his agency activities.

Article 11.1. The insurance undertaking on behalf of which the insurance agent acts shall be liable for damage caused by the insurance agent in connection with performance of agency acts, subject to section 2. Article 429 of the Civil Code shall not apply.