Owners of property damaged in an incident such as the one that recently happened in Lubelskie province will not receive special compensation from the state. According to legal expert Marcin Orlicki, the key issue is what kind of insurance covers the building.
Marcin Orlicki, a professor at Adam Mickiewicz University and legal adviser specialising in civil and insurance law, said in an interview with „Rzeczpospolita” that people living close to the border should think about policies that provide effective protection against losses resulting from military operations. His warning comes after a Russian rocket-related incident in the Lubelskie region.
– People living near the border should think about taking out insurance that gives them effective protection against damage caused by military operations – said Marcin Orlicki.
The expert pointed out that property owners whose buildings are affected by such an incident do not have a separate compensation claim against the state. Whether an insurer can be held liable depends largely on the type of building.
Farm buildings are covered by compulsory insurance
– If a farm building has been damaged, compulsory insurance of this type of building will apply. The insurer’s liability rules are uniform and specified in the act on compulsory insurance – said Marcin Orlicki.
For buildings located on agricultural holdings, insurers are not allowed to limit their liability below the statutory standard. The catalogue of permissible exclusions in Article 73 of the act on compulsory insurance does not include acts of war.
– Insurers, in the case of insurance of buildings on farms, cannot in any way narrow their liability compared with the statutory standard. The catalogue of permissible liability exclusions contained in Article 73 of the act on compulsory insurance does not list military operations. Therefore, even if the damage arose as a side effect of war, including operations conducted outside Poland, the insurer is liable – stressed Orlicki.
Non-agricultural buildings depend on the contract
When it comes to buildings other than those used in agriculture, the situation is different. Such insurance is voluntary and each owner may have different terms.
– In the case of insurance covering buildings other than farm buildings, the insurance contract is voluntary. Each building owner can therefore have insurance on different terms – with or without an exclusion covering damage caused by war events – added Marcin Orlicki.
According to Orlicki, the principles of insurer liability for this type of property are not unified and do not result from statutory provisions. They are determined by the content of the agreement signed with the insurer.
Source: WNP.PL, Photo: Wojtek Jargiło / PAP
