PZU punished by the OCCP
PZU applicable clauses affecting the interests of consumers - decided the President of the OCCP and imposed on the operator a penalty of almost 15 million. The challenged provisions of the insurer gives the possibility of reducing or even to evade the payment of due compensation. PZU, however, disagrees with the decision of the Office for Competition and Consumer Protection, and as it said on the insurer, the company will appeal to the Court of Competition and Consumer Protection in Warsaw.
Proceedings in this case was initiated in July 2009 after information from the consumer and the Insurance Ombudsman. In his study has examined patterns of contracts that include General Insurance with consumers such as in motor hull insurance, real estate, tourism and travel accident insurance.
Based on information received by the Office indicates that motor hull insurance contracts contain provisions identical to entered in the Register of Prohibited Clauses. One of them provides for the reduction of vehicle repair reimbursement of VAT. Such a provision is detrimental to the insured, because for the damage suffered should be compensated in full. The OCCP also pointed to a clause stating that insurance is not covered by AC vehicles brought into the customs territory of the European Union, if the consumer has provided false data in the customs declaration or other document. The Authority does not dispute the obligation to provide real data, but the insurer did not specify exactly what information about it, nor what it means by a different document. Thus, confessed himself too much discretion in deciding not to pay compensation.
In addition, there were PZU agreements unlawful provision, under which the premium is determined to be recovered in proportion to the unused period of insurance and the unused sum insured. Meanwhile, according to the Civil Code, the premium should be put in proportion to the unused period of the contract. The amount of reimbursement due the premium may not decide any other factors beyond the period of unused coverage. The introduction of an additional criterion makes the event of termination after an injury to the consumer is returned less than the amount allowed for him by law.
Pursuant to the Act on competition and consumer protection on the entrepreneur, who used practices infringing collective consumer interests, the President of the OCCP may impose a financial penalty of up to 10 percent. last year's revenue. In this case, the General Insurance was fined in the amount of PLN 14 792 020.40. In determining the amount of the penalty was taken, among others into account that the provisions were not allowed in the nearly four million contracts concluded with consumers. Unfavourable conditions of the contract also exposes the weaker market participants on economic losses - PZU may indeed reduce the damages owed to the insured or to escape from his paycheck. In addition to financial penalties President of the OCCP ordered the operator to dispense with the disputed clauses. The decision is not final. The Company has the right to appeal to the Court of Competition and Consumer Protection.
Full text of the Communication Office at: http://www.uokik.gov.pl/pl/informacja_i_edukacja/informacja/komunikaty_prasowe/art676.html
