Complaints and jurisdiction and settlement of disputes

COMPLAINTS

1. Complaints are addressed to the insurer and contain objections regarding the provided services. Complaints regarding the conclusion or performance of the insurance contract may be submitted by the insuring party or the insured to the insurer through DAC:
  a) in writing - in person in the registered office of DAC: Defend Insurance Sp. z o.o., ul. Czerwińskiego 6, 40-123 Katowice or by traditional mail to the same address;
  b) verbally - by telephone at (32) 797 10 41 or in person in the registered office of DAC;
  c) in electronic form - to the electronic mail address: reklamacje@defendinsurance.pl

2. A reply to the submitted complaint will be given promptly, however not later than within 30 days from the day on which the insurer receives the complaint. In complex circumstances handing of the complaint may take up to 60 days. In such event the person making the complaint is informed about the reasons of this delay, indicate the circumstances that must be established to handle the case and the expected time of handling the complaint.

3. The reply to the complaint is given:
  a) in paper form or on another permanent information carrier;
  b) in electronic form (exclusively upon the request of the person making the complaint).

4. The person making the complaint has the right to forward this complaint to the Financial Ombudsman if the complaint has not been considered according to clients expectation or the period of reply has expired.

The contact details are as follows:
Financial Ombudsman
Al. Jerozolimskie 87
02-001 Warszawa
Tel: +48 22 333 73 26/27
Fax: +48 22 333 73 29
E-mail: biuro@rf.gov.pl

JURISDICTION AND SETTLEMENT OF DISPUTES

1. Operations of the insurer in the territory of Great Britain is supervised by The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), whereas in the territory of Poland - by KNF (Polish Financial Supervision Authority).

2. In matters not specifically determined in these terms and conditions of insurance and reinsurance or in the insurance contract, the provisions of the Polish Act on Insurance and Reinsurance Activity of 11 Sep. 2015 (Journal of Laws [Dz. U.] Item 1844, as amended) and the Polish Civil Code of 23 April 1964 (Journal of Laws [Dz. U.] of 2017, Item 459, as amended) shall prevail.

3. If the insurer refuses to disburse the compensation, the insuring party / the insured has the right to appeal against this decision:
  a) directly to DAC (in writing, verbally or in electronic form) or 
  b) by applying to the Financial Ombudsman or 
  c) by taking legal action in the court of competent jurisdiction for this matter.

4. Claims arising out of or in connection with the insurance contract may be brought before the court of general jurisdiction or the court competent for the place of residence or registered office of the insuring party or the insured or the beneficiary of the insurance contract.

5. Claims arising out of or in connection with the insurance contract may be brought before the court of general jurisdiction or at the court of the place of residence of the heirs of the insured or the heirs of the beneficiary of the insurance contract.

6. The policyholder, the insured or beneficiary of the insurance policy, who is a consumer, has the right to apply for legal assistance to the municipal or county consumer spokesman.