Reimbursement of liquidation fees for life insurance contracts with a capital fund
25 April 2020
Liquidation fees deducted by insurers in the event of termination of a life insurance contract with a capital fund may be considered as undue and reimbursable for the insured. Contract provisions providing for such benefits may be considered by the court as abusive clauses.
Supreme Court in the judgement dated 24.01.2020, reference No. III CZP 51/19, stated that redemption benefits related to the earlier termination of the life insurance contract with the capital fund are not the main benefits. As a result, the courts are entitled to examine such contractual provisions and consider them as prohibited (abusive) clauses.