Theft of goods in England at a parking lot indicated by the recipient of the goods.

I am pleased to inform you that as a result of my appeal, the District Court in Tarnów, 5th Commercial Division, awarded the entire requested amount from the Insurance Company to the principal along with statutory interest.

The driver arrived at the unloading point in England around 10 p.m. He parked the vehicle in a truck parking lot next to the plant where clothes were to be unloaded. In the morning it turned out that the tarpaulin was cut and some of the goods had been stolen.

The insurer found that the parking place chosen by the driver did not meet the requirements specified in the insurance policy and refused to pay compensation. The first-instance court agreed with the Insurance Company's position and incorrectly interpreted the provisions of the third-party liability insurance contract. The dispute also concerned the currency principle, whether the value of the subject matter of the dispute should be expressed in PLN or GBP.

As a result of my appeal, the District Court in Tarnów, 5th Commercial Division, fully accepted the arguments expressed by me regarding the provisions of the OCP contract and their interpretation and ordered the Insurance Company to pay the principal the entire requested amount (several tens of thousands of zlotys) along with statutory interest.

Legal adviser Jerzy Klimkowski