Distribution of the Burden of Proof in the Claim Settlement Procedure in Voluntary Business Third Party Liability Insurance

Abstract

The article is an attempt to analyse the legal standing of the policyholder, the insurer and the injured party in the context of an obligation to collect evidence at the stage of the claim settlement procedure as part of handling claims under voluntary third party liability insurance contracts concluded by entrepreneurs. It is important to establish the limits of the obligations of the insurer, the policyholder and the injured party in the claim settlement procedure, and in particular to consider the property interests of the insured entrepreneur in relation to the interests of the injured party. The article examines the insurer’s role in ascertaining facts of the case and conducting a legal assessment, as well as in obtaining material evidence necessary to handle claims of injured parties pursued against the insured entrepreneur and the third party liability insurer. In addition to discussing the application of Article 6 of the Polish Civil Code in the claim settlement procedure, the article addresses the objectives and functions of business third party liability insurance in the context of evidence collecting and weighing. Furthermore, the author considers the legal standing and scope of the insurer's activity in cases where the injured party has instituted court proceedings.