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Dr hab. Bartosz Kucharski
ORCID: 0000-0002-3413-6817

Dr hab. Bartosz Kucharski, prof. UŁ

Professor at the Chair of Business and Commercial Law of the University of Łódź. Advocate specialising in civil and commercial law in particular in insurance law. The winner of the contest "Temida" for best doctor thesis in law organised by Wolters Kluwer Polska. Lecturer on training sessions for advocate trainees, advocate, judges, insurance companies employees, insurance intermediaries. Author of numerous publications and expertises in the field of insurance law and insurance intermediation.

 
DOI: 10.33226/0137-5490.2021.11.5
JEL: K34, K14

Conclusion of insurance contract with the use of direct long distance means of communication creates problems referring the delivery of insurance policy and general terms of insurance as well as consistency of the contract with the insurance customer's demands and needs. The article aims to answer the question regarding the form of the documents accompanying conclusion of the insurance contract on distance, how the precontractual obligations of the parties should be fulfilled and when the contract is actually concluded. Most of the problems referring the insurance documents were solved by the sec. 43 of the Act of 2015 on Insurance and Reinsurance Activity which enables to create documents connected with the conclusion and performance of the insurance contract in electronic form and mechanical printing of the insurers' signature. Non consistency of the insurance contract with the consumers' demands and needs is countervailed by the Act of 2017 on Insurance Distribution. With this are connected information duties towards the customer concluding the insurance contract on distance. As a general rule information shall be provided to the customer on durable medium. According the author the above notion should also refer to the delivery of the insurance policy and general terms of insurance.

Keywords: insurance contract; contract conslusion; distance contracts; insurance distribution; insurance policy