On November 3rd 2023, a trial in which lawyers from the litigation and insurance law teams represented the Law Firm’s Client in a dispute over the payment of Auto Casco insurance compensation for the theft of a car ended before the District Court in Poznan.
The vehicle, with a showroom value of approximately PLN 1,500,000, was stolen from a hotel parking lot by an organized crime group and taken out of Poland. Despite arresting the perpetrators of the crime and charging them, the car was never recovered.
Immediately after the theft, the Law Firm’s Client filed a claim with the insurer under the concluded Auto Casco insurance contract. However, the insurer refused to pay out, citing the alleged failure of the vehicle owner to exercise due diligence in securing the vehicle against theft. The filed complaint was unsuccessful, which forced our Client to take legal action.
Lawyers of Law Firm Babiaczyk, Skrocki and Partners comprehensively carried out all pre-court and out-of-court actions, which led to obtaining a judgment awarding the entire claim, including negotiations with the lessor and led to a settlement agreement with the lessor, which included repayment of the Client’s obligations as lessee and assignment of claims under the insurance contract. In the course of court proceedings, which included the questioning of a number of witnesses, lawyers representing the Law Firm’s Client demonstrated that the insurer’s position was entirely without foundation. As a result, the amount awarded, together with interest, exceeds PLN 1,000,000.