Considerations on insurance recourse and the status of the consumer in motor third-party liability insurance – comments on the background of the preliminary inquiry submitted to the Court of Justice of the EU by the rajonen sad in Sofia, Bulgaria, on June 26, 2023 – ZD ‘BUL INS’ AD vs PV (Case C-387/23, BUL INS)

Abstract

The article is an attempt to provide a doctrinal answer to the first question posed by the national court in the form of a preliminary question to the CJEU in the case ref. C-387/23. At the same time the text contains considerations on the essence of motor insurance, the construction of atypical recourse of the insurer, as well as, to the extent necessary, refers to the qualification of the consumer in civil and insurance law. Attention was also paid to the stature of the uniform law on the insurance contract using the example of PEICL. Reference is also made to the regulations of national law and final conclusions are made.