The Supreme Court in its resolutions of 13 May 2016 (ref. no. III CZP 11/16, ref no. III CZP 16/16) ruled that the recourse between insurers in the case of the so-called double motor third party liability insurance, the provision of art. 8241 par. 2 of the Civil Code shall apply by analogy. In other words, the insurance company that paid the victim compensation under MTPL insurance, is entitled to file a recourse claim up to amount corresponding to part of the paid compensation towards another insurance company if that other company has also insured the same vehicle. Thus, the Supreme Court completed a major legal loophole in the existing law governing MTPL insurance.
In accordance with the above provision of the Civil Code, if the same subject of insurance at the same time is insured against the same risk with two or more insurance companies for amounts that in total exceed its insurable value, the policyholder may not require the benefit in excess of the damage. Between the insurers, each of them is liable in the proportion in which the insurance sum accepted by that insurer is to the total sums arising from double or multiple insurance.
