General Terms and Conditions of The Pzu NNW (Personal Accident Insurance Pzu Edukacja Insurance
General Terms and Conditions of The Pzu NNW (Personal Accident Insurance Pzu Edukacja Insurance
General Terms and Conditions of The Pzu NNW (Personal Accident Insurance Pzu Edukacja Insurance
introduced by resolution adopted by the Management Board of Powszechny Zakład Ubezpieczeń Spółka Akcyjna no. UZ/423/2016 of 24
October 2016.
With amendments introduced by resolution adopted by the Management Board of Powszechny Zakład Ubezpieczeń Spółka Akcyjna no.
UZ/93/2017 of 7 April 2017.
TABLE OF CONTENTS
Chapter I – Introducing provisions . . . page 1 Sums insured and liability limits. . . . page 11
Definitions . . . . . . . . . . . . . . . . . page 2 Chapter III – Conclusion of an insurance contract and its term
. . . . . . . . . . . . . page 11
Chapter II – insurance cover term. Insurance subject matter and scope Insurance premium . . . . . . . . . . . page 12
Referred to in § 13 . . . . . . . . . . . . . . page 9
CHAPTER I
INTRODUCTORY PROVISIONS
STATUTORY INFORMATION
Information mentioned in Art. 17 section 1 Act on insurance and
reinsurance activity:
Type of information Contract template editorial unit number
Premises for § 2 sec. 4, § 4, § 5, § 6, § 7, § 8, § 10 sec. 2
payment of the and 3,
indemnity and § 12, § 13, § 14, § 17 sec. 2– 4, § 21, § 25,
other benefits § 30, § 31, § 32, § 33, § 34, § 35, § 36, §
37, § 38, § 39, § 42.
Limitations and § 4, § 8, § 9, § 10 sec. 2 i 3, § 12, § 13, § 14,
exclusions of § 17 sec. 5, § 21, § 31, § 32 sec. 3 i 4, §
liability of the 33, § 34, § 35, § 36, § 37, § 38, § 39 sec.
insurance company 4 –7, § 42, § 25.
entitling it to refuse
the payment of
indemnity and other
benefits or reduce
them
Powszechny Zakład Ubezpieczeń Spółka Akcyjna, Distric court for the capital city of Warsaw, XII Commercial Division, National Court Register (KRS)
9831, Tax Identification Number (NIP) 526-025-10-49, share capital: 86 352 300.00 PLN paid UP in full, al. Jana Pawła II 24, 00-133 Warsaw, pzu.pl,
hotline: 801 102 102 (fee according to operator’s tariff)
GENERAL PROVISIONS 3. PZU SA is obliged to present to the Policyholder the
differences between the contents of the insurance agreement
§1 and the General Conditions, in written form before concluding
1. The general terms and conditions of NWW PZU EDUKACJA the insurance contract. If this obligation is not complied with,
insurance, hereinafter referred to as the “GTCI”, shall apply to PZU SA may not quote the difference unfavourable for the
insurance contracts concluded by Powszechny Zakład Policyholder or for the Insured. This provision does not apply
Ubezpieczeń Spółka Akcyjna, hereinafter referred to as “PZU to insurance contracts concluded by way of negotiations.
SA”, with natural persons, legal entities and organizational 4. Relevant provisions of the Civil Code and other applicable
entities without legal personality for the benefit of pupils, provisions of Polish law shall apply to any matters not
students, children, personnel and representatives of insured regulated in the GTCI or in the insurance contract.
persons.
§3
2. The GTCI are also applicable o insurance contracts concluded
1. The Policyholder may conclude insurance contract for account
by means of distance communication while observing the law
of a third party (an account of the insurer). In this case the
provisions applicable within this scope. PZU SA uses Polish as Policyholder is obliged to inform the insurer about his/her
a language used in relations with a consumer. rights and obligations resulting from the insurance contract
§2 concluded for his/her account.
2. In the case of concluding the insurance contract for account of
1. Additional provisions, or provisions different from those set
a third party, the insurer may demand PZU SA to provide
forth in these General Conditions may be introduced to the
information about provisions of the concluded insurance
insurance contract, subject to contract with the Policyholder
contract and the GTCI within a scope, within which it refers to
2. In the case of introducing additional provisions or provisions
the insured’s rights and obligations.
different from those set forth in therein to insurance contract,
DEFINITIONS
these General Conditions are applicable within a scope not
regulated by the above-mentioned provisions.
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
2
§4 and for whom outpatient treatment is not possible; under
1. The terms used in the General Conditions shall have the these General Conditions a day of hospital stay is a
meaning specified below: calendar day during which the Insured was staying at the
1) acts of terrorism – individual or group actions directed hospital, regardless of the actual length of stay during that
against population or property to cause chaos, intimidate given day; the first day of hospitalization is the day of
the general public, disorganize public life, public admission and the last one – the day of discharge;;
transportation, service or manufacturing facilities – all in 13) consumer – a natural person performing a legal
order to achieve economic, political or social aims; activity not directly related to its business or professional
2) fight – a conflict of three or more persons dealing blows to activity;
each other, with each of them having a double role – as the 14) intra-cranial haemorrhage – extravasation of
assailed and assailant blood into the craniocerebral cavity;
3) Emergency Centre – the Emergency Centre working for 15) treatment – physicians’ visits and consultations,
PZU SA, providing services defined in the General outpatient treatment, hospital treatment, outpatient
Conditions; the Emergency Centre operates 24 hours a day procedures, surgical procedures, tests ordered by the
7 days a week and it is the location where the Insurer or a physician, taking medication and applying dressings,
person acting on his/her behalf is obliged to report the transport from the location of accident to the hospital or
insurance accident; the phone number of the PZU outpatient clinic, rehabilitation;
Emergency Centre is provided in the insurance contract; 16) outpatient treatment – treatment other than
the phone number of the PZU Emergency Centre is hospitalization;
provided in the insurance document. In the case of the 17) surgical treatment of a fracture – internal or
insurance contracts concluded by means of distance external stabilization of a fracture tied to a surgical
communication, pone number of Emergency Centre is also procedure which interrupts tissue continuity;
provided by electronic means. 18) consequences of the insurer’s accident – body
4) illness – an organism reaction to a disease-causing agent injury, detriment to health or death;
manifesting by function disorders and organism structure 19) insurance accident – a sudden event caused by
damage that causes adverse effects; an external reason, in consequence of which the Insured,
5) severe bodily injuries – the following injuries arising as a regardless of his/her will, sustained bodily injury,
result of insurance accident, confirmed in medical disturbance of health or died;
documentation: 20) malicious tumour – a disease manifesting itself by
a) complete and permanent loss of vision, hearing, the presence of a malicious tumour (i.e. a tumour that is
speech, reproductive capacity or not encapsulated and is able to invade tissues and create
b) permanent and serious impairment, or loss of function of remote metastases); within a meaning of these General
an important organ or organs, and specifically: one-eyed Conditions the term “malicious tumour” includes leukaemia
blindness, serious two-sided sight impairment, loss of lower and malicious diseases of the lymphatic system, which is
limb at least on the level of the shank, loss of an important Hodgkin's lymphoma (Hodgkin's disease) or non-Hodgkin
internal organ, stiffness of one of the major joints lymphoma; within a meaning of these General Conditions
(shoulder, elbow, hip, knee, ankle) especially in an malicious tumours are not:
unfavourable position, loss of prehensile ability of the hand a) skin tumours, apart from malignant melanoma,
(loss of at least three fingers, including the thumb), paresis b) tumours, in the case when upon a histopathological
or paralysis of at least one limb; examination is diagnosed a precancerous or
6) temporary inability to study – a temporary inability of preinvasive condition,
the Insured to participate in all school classes, arising in c) neoplasms with changes of carcinoma in situ type,
consequence of insurance accident; a physician’s leave d) Hodgkin’s disease in its first stage,
from physical education classes does not mean inability to e) neoplasms linked to AIDS or HIV virus infection;
study under these General Conditions; 21) frostbite – damage of the skin and subcutaneous
7) temporary inability to work – a temporary inability of tissues due to low temperature;
the Insured to gainful employment, arising as the 22) insurance term – the period of PZU SA liability
consequence of the insurance accident, documented with a defined in the insurance contract;
medical certificate on temporary inability to work, issued in 23) burn – damage of the skin and subcutaneous
line with current legal provisions; tissues due to action of high temperature, chemicals,
8) insurance document – the policy, certificate or another ionizing radiation or electric current;
document confirming the conclusion of insurance contract; 24) surgeries – a medical procedure performed at a
in the case of an individual insurance contract, one medical facility by a physician authorized to perform it,
document may confirm a conclusion of more than one under general or local anaesthesia, necessary to eliminate
insurance contract; or alleviate the illness effects resulting from an insurance
9) acts of war – actions of armed forces aiming at accident and conducted with a) the open or b) endoscope
destroying the enemy armed forces on land, in the air or method; within a meaning of these General Conditions the
on sea; surgery excludes: punctures, biopsies, injections,
10) children – persons up to 25. years old, studying or paracenteses, catharizing, tubing, cannulations, dialyses,
staying in establishment, whereas a child within a meaning blockades, venesections, tamponades, endoscopy;
of these General Conditions is also a child until going to a 25) country located in the region of the world at
nursery school, kindergarten or school and a child that risk of acts of terrorism, acts of war, martial law or
does not attend a school due to the health reasons or who state of emergency – country which, as at the date of
the insurance agreement, is entered in the list of countries
has individual educational programme;
to which travel is not advised due to threats of acts of
11) occupational exposure to contagious material
terrorism, acts of war, martial law or state of emergency,
– a subjection of the insured to virus infection while
published on the official website of the Ministry of Foreign
performing his/her professional work of medical nature as a
Affairs of the Republic of Poland, with “Do not travel” or
result of a direct contact with potentially infected blood or
“Leave immediately” advisories;
another potentially infectious material, as a consequence of
26) personnel – teaching and administrative employees
prick, splash, scratch, cut, score, bite by a patient;
of the given school or other institution;
12) hospitalization - insured’s stay at the hospital in
27) establishment– nursery school, kindergarten,
consequence of an insurance accident, uninterrupted and
primary school, lower secondary school, general secondary
lasting for more than one day, tied to treatment of
school, occupational general secondary school, technical
conditions which arose as a result of insurance accident
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
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secondary school, basic vocational school, school complex, d) HIV infection during blood transplantation –
educational centre, orphanage, sport schools of all levels, complications of blood or blood-related preparations
post-secondary school, high school or the other not transplantation in person not suffering for
mentioned above establishments, in that employment haemophilia, or
establishments; e) meningioma – histopathologic confirmed diagnosis
28) medical establishment – a healthcare entity of brain meningioma; excluding: the other changes
within a meaning of the Act on healthcare activity; in central nervous system, cysts, coccus, vascular
29) educational entity – nursery school, kindergarten, malformations, pituitary and spinal cord tumour, or
primary school, lower secondary school, general secondary f) Parkinson’s disease – chronic disease of
school, occupational general secondary school, technical extrapyramidal system, caused by primary
secondary school, basic vocational school, school complex, degeneration of nervous cells of substantia nigra,
educational centre, orphanage, sport schools of all levels, leading to a decrease in a quantity of neurons that
post-secondary school, high school; produce dopamine, which results in an occurrence
30) serious bodily harm – a bodily harm occurring as of at least two of three classical axial symptoms of
a result of the insured’s accident, which resulted in one of this disease: passive tremor, slowness of movement,
the consequences listed below, confirmed by medical plastic quality hypertonia (muscular rigidity), that
documentation: decrease upon an administration of drugs
a) hospitalization commenced up to 3 stimulating a dopaminergic system, in particular L-
days after the trauma and lasting DOPA; excluding symptomatic parkinsonism, or
without interruption for at least 14 g) vision loss caused by disease – confirmed by
days, ophthalmic examination and static examination of
b) an urgent surgical procedure (up to 7 vision field, binocular vision acuity loss below 5/50,
days from admission to hospital), not a subject to correction or binocular narrowing of
c) qualification of the insured for a a field of vision below20;
planned surgical procedure, 32) gainful work – a form of performing work for
d) permanent neurological deficit after remuneration:
damage to the brain, spinal cord or 1)under:
nerve roots, a) a civil law contract or
e) permanent worsening of acuity of b) an employment relationship or
vision or permanent narrowing of the c) an official relationship of administrative
field of vision, and legal nature, or
f) permanent worsening of the auditory 2)within performance of business activity
acuity, under own name, including the running of
g) partial amputation of limbs, a farmstead;
h) partial loss of internal organs; 33) orthopaedic objects and auxiliary materials –
2) Serious bodily harm excludes invasive examinations medical devices necessary from the medical standpoint,
(even conducted as a part of a surgical procedure replacing lost systems (organs) or supporting the lost or
within a meaning of these General Provisions) aimed worsened functions of organs; a list of orthopaedic objects
at diagnosing an illness or a confirmation of an and auxiliary materials is included in Regulation of Minister
illness existence; of Health of 6 December 2013 on a list of medical devices
31) serious illness – an existence in the Insured the issued on order;
following illness: 34) statutory representative – a person whose
a) cerebral stroke – a sudden n focused or general empowerment to act on behalf of a person without legal
disorder of brain activity, leading to permanent capacity or with limited legal capacity, results from law
neurological deficiencies, caused only by vascular provisions;
reasons as brain vessel lumen or transmural rupture 35) Rules and Regulations – relevant rules and
of a brain vessel, excluding vascular reasons caused regulations governing electronic service provision;
by brain or injury factors, or 36) rehabilitation – treatment necessary from the
b) renal failure – a final stage of renal failure in a medical standpoint, restoring functions and capacity after
form of irreversible impairment of activity of both the insurance accident, performed by persons who possess
kidneys, as a consequence of which are performed the necessary qualifications and licenses;
regular, permanent dialyses or surgery procedure 37) RP – the Republic of Poland;
consisting in kidney transplantation, or 38) sepsis – in other words septicaemia – systemic
inflammatory response syndrome (SIRS) caused by
c) -Creutzfeldt-Jakob diseases– diseases that
infection;
disable a performance by the insured minimum
39) state of emergency – an emergency state of a
three of five below mentioned activities of everyday
state, which introduction results in a restriction of some
life: rights and civil freedoms;
-moving at home – moving between rooms at 40) hospital – a medical facility providing round-the-
house, without necessity to assist by another clock care for patients in terms of diagnostics and
person, treatment, with qualified team of physicians and nurses;
-controlling physiological activities – self-control under these General Conditions, this term does not include
within a scope of defecation and urination, and a nursing home, hospice, a rehabilitation centre,
maintaining personal hygiene, sanatorium or spa, preventorium or sanatorium hospital
-dressing up – independent dressing up and unless hospitalization is connected with a treatment of
undressing, without necessity to assist by another consequences of an insurance accident;
person, 41) coma – a condition resulting from the insurance
-washing and toilet – an independent performance accident, lasting continually for at least 30 days and
of activities related to washing and personal requiring the use of a life support system, entailing the
hygiene, without necessity to assist by another presence of deep, quantitative disturbances of
person, consciousness, having the form of lack of reaction to
-eating – activities connected with independent external verbal and pain stimuli, tied to severe brain
eating of ready meals or damage; under these General Conditions, this term does
not drug-induced coma for treatment purposes;
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
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42) permanent bodily harm – complete physical loss §6
of an organ, or complete loss of its function; 1. A subject matter of an insurance contract are consequences of
43) permanent disturbance of health – permanent an insurance accident or a fact of an occurrence of an insurance accident,
bodily harm or detriment to health, without prospects for subject to sec. 2.
improvement;
2. In respect of a statutory representative, a subject matter of an
44) the Policyholder – an individual, a legal person or
insurance contract is a death of a statutory representative as a
organizational entity with no legal personality, who signed consequence of an insurance accident.
an insurance contract with PZU SA for his/her own account
§7
or for account of the Insured;
45) the Insured – persons referred to in items 1-4 for Upon a request of the policyholder, for additional insurance premium, an
whose benefit the insurance contract was concluded insurance contract can be extended by an accident insurance resulted from
a) a pupil, a student; acts of terrorism, acts of war, war or state of emergency, which occurred on a
b) a child; territory of a country that is situated in a world region threatened by acts of
c) personnel of an establishment; terrorism, acts of war, war or state of emergency.
d) a statutory representative. §8
46) direct contract – an insurance contract concluded by means
of electronic distance communication while observing law provisions
1. The insurance contract can be concluded under one of three
applicable in this respect; following options:
47) remote contract – an insurance contract concluded using direct 1) under option I or
means of remote communication through PZU SA’s hotline in
compliance with the regulations applicable in this respect; 2) under option II or
48) individual insurance contract– insurance contract concluded for the 3) under option II Bis.
account of a natural person named in the insurance document;
49) collective insurance contract – an insurance contract, other than 2. The types of benefits and their amount are specified in § 12.
family insurance contract, covering at least five persons, or a contract §9
concluded in the form of an open policy;
1 The insurance contract can be concluded:
50) beneficiary – a person named by the Insured as entitled to receive
the benefit due on account of the insured’s death; 1) in the basic scope of insurance cover specified in §§ 11–12 or
51) bodily harm – organ or system injury caused by an insurance 2) in the extended scope of insurance cover specified in §§ 13–27.
accident;
BENEFITS IN A BASIC SCOPE OF AN INSURANCE COVER
52) war – an organised armed conflict between countries, nations or
ethnic and social groups; OPTIONS OF INSURANCE
53) congenital heart defect – hear anatomical incorrectness existing at
birth of the Insured; § 10
54) concussion – post-trauma disorder of the brain function, whose main The Insured is entitled to benefits according to types and amounts
symptom involves short-term loss of consciousness with associated
retrograde or anterograde amnesia; specified in the concluded insurance contract, which can be concluded under
55) traffic accident – an insurance accident caused by vehicle or vehicles option I, option II or option II Bis.
movement on the road, in which the Insured took part as a road user; § 11
terms:” vehicle”, “road”, “road user” are understood according to their
meaning assigned to them by the applicable law provisions on road The insurance contract:
traffic;
1) concluded under option I covers the following basic benefits, specified in
56) insurance accident – an accident, suffering bodily injuries as a result
Table 1 below:
of epilepsy attack or fainting caused by unknown reason other than
chronic disease, intra-cranial haemorrhage, myocardial infarction, Table no. 1
sepsis, serious illness, occupational exposition to infectious material; an
insurance accident in the case of a hospital diet due to an illness is a Basic benefits under option I
stay of the Inured in the hospital;
57) myocardial infarction – necrosis of part of the myocardium caused Item Types of basic benefits
by a sudden reduction in blood flow to this part of myocardium;
58) medical profession – laboratory diagnostician, pharmacist, physical
1 death benefit
therapist, physician, dentist, nurse, midwife, medical rescuer, hospital
ward, paramedic, dental technician, pharmacy technician, electro-
cardiology technician; 2 death benefit in the area of an educational establishment
59) fracture – a trauma-related break of the bone, or a trauma-induced
slipping of the epiphysis: 3 death benefit as a consequence of sepsis
a) open – with rupture of the skin near the broken bone, b) closed –
when the skin near the broken bone is intact;
4 for permanent disturbance of health
for the refund of the costs of purchasing orthopaedic objects and auxiliary
materials, as well as the cost of dental reconstruction of permanent teeth
CHAPTER II 6
§5
PZU SA is liable for insurance accidents which occurred during the period of 8 post-accident assistance benefits rendered in the territory of Poland
insurance.
1) concluded under option II covers the following basic benefits,
specified in Table 2 below:
INSURANCE SUBJECT MATTER AND SCOPE
Table no. 2
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
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Item Types of basic benefits for refund of the costs of vocational retraining of disabled persons
12
1 death benefit
13 post-accident assistance benefits rendered in the territory of the Republic of
Poland
2 death benefit in the area of an educational establishment
Table no. 3
Basic benefits under option II Bis
1 death benefit
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
6
Item Item Type of fracture Item Type of fracture
Typ
e of
frac
ture
Fractures of thumb
a) one or multiple (other than open)
12 b) one or multiple, open
1
3
13 Dislocation of the thumb 2
GENERAL TERMS AND CONDITIONS OF THE PZU NNW (personal accident insurance) PZU EDUKACJA INSURANCE
0.5 for each fractured
permanent tooth – if up 7
to 9 permanent teeth are
fractured; maximum 5 for
Fracture of a permanent all fractured permanent
28
tooth teeth (if more than 9
permanent teeth are
Permanent bodily injury - Table no. 4
% of sum insured
Type of permanent defined in the
Item. bodily injury insurance contract 7. Benefit for bone fractures or joint dislocations – is
due:
Complete loss of upper limb
1 at the shoulder or arm level 80 Table no. 5
Bone fractures or joint dislocations
Complete loss of upper
2 limb at the elbow or forearm 60
level
§ 33 6) a scope of insurance;
1. The insurance contract is concluded for an indefinite period of 7) a postal code of the Insured or a place of residence of the
time. Insured.
2. The insurance contract is concluded as an individual contract or
§ 36
a group contract in a named or unnamed form.
3. While concluding the insurance contract in a named form, the 1. Subject to sec. 2 and 3, the premium is paid at the time of
Policyholder is obliged to deliver to PZU SA a list of the given concluding the insurance contract, unless other manner and
names and surnames of the Insured. In this case the insurance dates were set forth in the insurance contract.
covers only, the persons specified in the list. In the case of a 2. In the case of the direct contract, a payment deadline of an
conclusion of a group insurance contract by means of distance insurance premium is determined on a date at the latest
communication, the above-mentioned list, the Policyholder is preceding a date of commencing an insurance period
obliged to present it to PZU SA in a manner agreed by the determined in the insurance contract.
parties. 3. On request of the Policyholder, it is permitted to make a
4. The group insurance contract can be concluded in a unnamed payment of the insurance premium in instalments, subject to
form only in the case when it includes in its insurance cover all sec. 4, The deadlines to pay the respective instalments of the
persons included in a group of persons specified in this contract. insurance premium are determined from a date of concluding
5. In the case of a conclusion of the group insurance contract, the the insurance contract.
Policyholder is obliged to inform PZU SA about a given name, 4. The insurance premium is paid in cash or, subject to agreement
surname and a phone number of a person who maintains the with PZU SA, in non-cash form.
list. 5. If the payment of premium is made in the non-cash form, the
date of payment is deemed to be the date when the full due
6. Unless stated otherwise in the insurance contract, in the case of amount of premium is posted in the account of PZU SA.
concluding the insurance contract I an unnamed form, its
6. The insurance premium is not subject to indexation. from the insurance contract by making a written statement
within this scope is of 30 days from a date of providing to
§ 37 him/her information, which should be conveyed to a consumer
In case of revealing circumstances which significantly change the on the basis of the provisions on concluding the distance
probability of an insurance event, each of the parties may demand contracts, if this deadline is later. The deadline is deemed to be
an appropriate change in the level of premium, starting from the observed, if a statement about a withdrawal from the insurance
contract was submitted prior to its expiry.
day the said circumstance occurred, but not earlier than from the
start of the current insurance period. If such request is submitted, § 40
the other party may terminate the insurance contract within 14 If the insurance cover expires before an end of period for which the
days, with immediate effect, by making a statement within this contract had been concluded, the Policyholder is entitled to a
scope. refund of the insurance premium for the unused cover period.
TERMINATION OF INSURANCE CONTRACT AND END OF
CHAPTER IV
LIABILITY
REFUND OF A PREMIUM PERFORMANCE OF INSURANCE CONTRACT
§ 38 PROCEDURE IN THE EVENT OF AN INSURANCE ACCIDENT
1. The insurance cover expires: OBLIGATIONS OF THE INSURED
1) upon the expiry of the insurance period, defined in the
insurance document; § 41
2) on the date, on which PZU SA is served a statement of the
1. In the case of an insurance accident, the Insured is obliged
Policyholder about a withdrawal from the insurance contract in
to:
the case mentioned in § 39;
1) attempt to alleviate the results of the accident by
3) on the date, on which is served a statement about a withdrawal
immediately seeking medical care and following the
from the insurance contract in the case mentioned in § 39;
recommended treatment;
4) on the date of serving to the Policyholder a statement of PZU SA
2) notify PZU SA of the occurrence of insurance accident and
about a withdrawal from the insurance cover with immediate
deliver:
effect in the case when PZU SA is liable even prior to a payment
a) a description of the reasons for and course of the
of the insurance premium or its first instalment, and the
accident,
insurance premium or its first instalment was not paid within a
b) medical documentation confirming the bodily harm or
deadline;
disturbance of health suffered by the Insured in
5) upon an expiry of 7 days from serving to the Policyholder a
consequence of the insurance accident,
notice to pay a subsequent instalment of the insurance
c) documents necessary to establish a justification for and
premium, sent after its due date, with the information that a
the amount of the claim;
lack of payment within 7 days from notice delivery would
d) invoices and proofs of payments of costs covered by the
cause termination of liability,
insurance scope;
6) on the date, on which PZU SA is served a statement of the
e) if the Insured was driving a vehicle at the time of the
policyholder about a withdrawal from the insurance contract
accident – the driver’s license of the Insured;
with immediate effect in the case mentioned in sec. 3;
3) enable PZU SA to obtain information tied to circumstances
7) on the date of a termination by mutual agreement;
described in documents listed in item 2, in particular from
8) with regard to the given Insured, on the date, on which the
the doctors who took care of the Insured, both before and
Insured passes away.
after the accident.
2. The insurance contract can be terminated at any time by mutual
2. In the case of death of the Insured, the beneficiary is obliged to
agreement.
present to PZU SA for inspection a copy of the Insured’s death
3. The Insurer may terminate the insurance contract with
certificate, copy of the death statistical document or copies of
immediate effect at any time by making a statement within this
medical documentation confirming the reason for death, if
scope.
he/she is entitled to obtain such documents, and document
§ 39 confirming his/her identity. If no beneficiary is named, the
person requesting a payment of benefit, referred to in § 49
1. The Policyholder may withdraw from the insurance contract
section 2 is obliged to submit in addition official documents
within 30 days, if the contract is signed for a period longer than
confirming his/her marriage with or relationship to the Insured,
6 months, and when the Policyholder is an entrepreneur - within
or documents confirming that he/she was caring for the Insured
7 days form a date of concluding the insurance contract by
making a proper statement. If at the latest upon concluding the as at the date of his/her death.
insurance contract, PZU SA did not informed the Policyholder § 42
who is a consumer about his/her right to withdraw from the
insurance contract, a deadline of 30 days shall run from a date, PZU SA reserves the right to verify the provided documentation and
on which the Policyholder who is a consumer learned about this to seek opinion of specialist physicians.
right. A withdrawal from the contract does not release the
Policyholder from an obligation to pay an insurance premium for § 43
a period, within which PZU SA provided an insurance cover. 1. In order to use the assistance benefits referred to in § 12 sec.
2. In the case of concluding the insurance contract by means of 13, the Insured (or the person acting on his/her behalf)
distance communication, in which the Policyholder is a should, immediately upon the occurrence of the insurance
consumer a deadline within which he/she is entitled to withdraw accident and before undertaking any actions on his/her own
account, notify the PZU Emergency Centre by telephone of the reported claims. Such examination is performed by the
insurance accident and state the following information: physicians designated by PZU SA.
1) given name, surname and address of residence of the
4. A degree (percentage) of permanent disturbance of health is
Insured and given name and surname or business name of
determined on the basis of the “Table of percentage evaluation
the Policyholder;
of a disturbance of health of PZU SA” approved by a resolution
2) telephone number at which the PZU Emergency Centre can
adopted by the Management Board of Powszechny Zakład
contact the Insured or his/her representative;
Ubezpieczeń Spółka Akcyjna and applicable on a date of
3) a brief description of the event and type of required
concluding the insurance contract, which is available in the
assistance;
organisational units of PZU Sa and on the web sites of PZU SA.
4) follow the recommendations of the PZU Emergency Centre,
providing information and the necessary powers of attorney. § 45
2. If the Insured or the person acting on his/her behalf were not
1. A degree (percentage) of permanent disturbance of health
able to contact the PZU Emergency Centre by telephone in the
should be determined promptly upon a completion of treatment,
manner referred to in section 1 for reasons beyond his/her
considering a rehabilitation recommended by a physician, and in
control, and on his/her own organized and paid for the
the case of a longer treatment at the latest in the 24th month
assistance services referred to in section 1, he/she shall be
from an occurrence of the insurance accident. The further
obliged to provide notification of the insurance accident within 7
change in a degree of permanent disturbance of health
days from the date on which contacting PZU Emergency Centre
(improving or worsening) is not the basis for a change of the
became possible. Furthermore, the Insured or the person acting
benefit amount.
on his/her behalf is obliged to state the reason for inability to
2. When establishing the degree (percentage) of permanent
contact PZU Emergency Centre.
disturbance of health, a type of work, an occupation or actions
3. If the Insured as a result of a failure to contact the Emergency
performed by the Insured are not taken into consideration.
Centre in the case referred to in section 2, organised on his/her
3. If in consequence of the insurance accident the Insured sustains
own assistance services and bore their costs, PZU SA is obliged
more than one bodily harm, the amount of benefit for
to refund to the Insured the costs he/she incurred up to their
permanent
actual amount, but not more than up to the liability limit set
disturbance of health, or for permanent bodily harm or for
under these General Conditions for the given assistance service,
fractures and dislocations consist of the sum of benefits due for
and if such limit had not been set – up to the average price for
each bodily harm, but not more than up to the amount of the
performing such service in the location where such service had
sum insured set in the insurance contract.
been performed – maximally to the amount corresponding to an
4. In connection with § 44 sec. 1 – in the case of the insurance
average price of a performance of the service of this type in the
accident contributes to a previously existing illness or medical
territory of a locality, in which the service has been rendered.
condition not covered by the insurance contract is of a size of
The basis for consideration of the submitted claim is the delivery
the accident consequences – benefits due on the basis of the
by the Insured of documentation necessary to establish
insurance contract are balanced by an impact of this illness or
justification for the claim and the amount of benefit: medical
medical condition on a size of the consequences of the
documentation confirming the occurrence of insurance accident
covered by PZU SA liability, as well as invoices issued in the insurance accident.
Insured’s name and proofs of their payment. 5. In the case of loss or damage to an organ or system whose
functions had already been impaired before the insurance
4. If the obligation to notify of the insurance accident within the
accident, the degree (percentage) of permanent disturbance of
deadline referred to in section 2 is breached intentionally or
health is determined as a difference between the degree
through gross negligence, PZU SA may reduce the benefit
(percentage) of permanent detriment to the given organ or
accordingly, if the breach made it impossible for PZU SA to
system after the accident, and the degree (percentage) of
establish the circumstances and consequences of the insurance
permanent disturbance of health which had existed before the
accident. The consequences of a failure to notify PZU SA of the
accident.
accident shall not occur if PZU SA, within the time defined in
6. If the insured, before the determination of permanent
section 2, received information of circumstances that should
disturbance of health caused by a serious bodily injury received
have been communicated to it.
a benefit for injury to the same organ under other titles (Table
4, 5, 7, 8), then in the case where the determination of
DETERMINATION AND A PAYMENT OF BENEFITS
permanent disturbance of health by the physicians designated
§ 44
by PZU SA would result in a higher benefit being granted, the
1. The types and amounts of vested benefits, when a subject of benefit granted under other titles (Table 4, 5, 7, 8) shall be
the insurance cover constitute the consequences of the credited against the benefit due for permanent disturbance, and
insurance accident, are determined upon establishing that there PZU SA shall pay the difference between the benefit for
exists a regular cause-and-effect relationship between the permanent disturbance and the benefit due under other titles
insurance accident and its covered consequences. (Table 4, 5, 7, 8).
2. The establishment of the regular cause and effect relationship, 7. Benefit for bites and stings referred to in § 12 section 10 is paid
referred to in section 1, and determination of the covered irrespective of benefits paid for other reasons.
consequence of the insurance accident and a fact of an
occurrence of the insurance accident, is done on the basis of 8. The benefit is due, if permanent disturbance of health occurred
delivered documents or information, listed in § 41 sec. 1, and on not later than within 24 months from a date of the occurrence
the basis of results of medical examinations. of the insurance accident.
3. The Insured is obliged to, upon a request of PZU SA and at its
expense, to undergo additional medical examinations or
examination necessary to determine a justification for the
§ 46 § 50
The one-time benefit in the case of no permanent disturbance of If PZU SA pays benefit for permanent disturbance of health and
health and any other consequences than those mentioned in the next, within 24 months from the date of the insurance accident,
Tables 4, 5, 7, 8, specified in Table 6 is due in the amount the Insured dies as a result of that insurance accident, PZU SA
corresponding to a percent of the sum insured, according to Table pays death benefit to the beneficiary, in an amount constituting
no. 6 provided that in option I, the benefit is due only when there the difference between the amount of death benefit set in the
is no permanent disturbance of health, and in option II Bis the insurance contract, and the amount of benefit paid earlier for
benefit is due only under item no 1 and no. 2 of Table no. 6. permanent disturbance of health.
§ 47 § 51
The refund of costs referred to in § 14 incurred outside the territory 1. In the case of death of the Insured not caused by the
of the Republic of Poland is done within the Republic of Poland in insurance accident, and before the Insured received the benefit
Polish zloty, converted according to the average exchange rate of for permanent disturbance of health, PZU SA pays the benefit
the NBP as of the date of determining the indemnity. for the permanent Detriment to the heirs of the Insured. If the
permanent disturbance of health had not been determined
§ 48 before the death of the Insured, the most probable degree of
If the Insured was covered under several contracts for casualty permanent disturbance of health is used to determine the
insurance concluded with PZU SA, benefits are vested under each amount of benefit, determined according to § 11 on the basis
of submitted medical documentation.
of such contracts, however, the refund of treatment costs, of
purchasing orthopaedic objects and auxiliary materials, and of 2. Subject to sec. 1, in the case of the death of the
vocational training for disabled persons is done up to the amount Insured prior to receiving by him/her a benefit under the
of actual and documented costs, but up to the limits resulting from insurance contract, PZU SA pays this benefit to the Insured’s
the concluded insurance contracts. heirs.
§ 49 § 52
1. The benefit under the insurance contract is paid to the 1. PZU SA shall be obliged:
Insured, and with respect to minors – to his/her statutory Insured of that fact, if they are not the persons making that
representative. The benefits are paid in Polish zloty. notification, and to undertake actions meant to establish the
2. The benefit for the death of the Insured mentioned in § 12 facts of the case, the justification for the reported claims and
sec. 1, 2, 3, § 20, § 21, § 24 is paid to the beneficiary named amount of benefit; and also to inform the person putting forth
by the Insured, and if no beneficiary is named, to the persons the claim in writing or in another form that this person had
listed below according to the following order: approved on what documents are necessary to establish the
1) to a spouse; liability of PZU SA or the amount of indemnity, if this is
2) to the children in equal parts, and in the case where one of necessary for the further course of the proceedings;
the children died before the Insured’s death – the share that 2) if within the dates specified in sections 2 and 3 it does not pay
would be attributed to that child is attributed to the other benefit, to notify in writing:
children in equal parts; a) a person reporting the claim,
3) to the parents in equal parts, or whole to one of them if the b) the Insured in the case of the insurance contract concluded
other parent died before the Insured’s death or if only one of to the benefit of the third-party, if he/she is not a claimant
them has parental authority; if none of the parents has - on the reasons why his/her claims cannot be satisfied, in
parental authority or if the parents are unknown and whole or in part, and also to pay the unquestioned portion of
guardianship had been established for the Insured – to legal benefit;
guardians under the same rules as for the parents; 3) if the benefit is not due, or is due in an amount different from
4) to the natural persons entitled to inheritance by force of the one defined in the reported claim, to inform of this fact in
law, in parts attributed to them pursuant to provisions of the writing:
Civil Code regarding a statutory succession. The payment of a) a person reporting the claim,
the benefit to a person or persons belonging to the higher b) the Insured in the case of the insurance contract concluded
category excludes a payment of the benefit to a person or to the benefit of the third-party, if he/she is not a claimant
persons belonging to a lower r category (the highest category identifying the circumstances and a legal justification for the full
constitutes par.1) or partial refusal to pay the benefit, as well as informing the
The Insured may at any time specify or change the beneficiary claimant of the possibility to pursue the claim in court;
3. In the case of a lack of an entitled beneficiary under the death 4) to make available to the Policyholder, the Insured, the claimant
benefit due mentioned in sec. 1, PZU SA first refunds the and to the beneficiary under the insurance contract, information
documented costs of burial to the person who incurred them, and documents collected in order to determine the liability of
within the limits of the sum insured, unless these costs were PZU SA or the amount of benefit. These persons may demand a
covered by another insurance or another title. written confirmation of the information provided by PZU SA and
may make, at their expense, copies or photocopies of the claim
documentation, together with a confirmation of their compliance
with the original by PZU SA;
5) to make available to the persons referred to in item 4, and to the
beneficiary under the insurance contract, the information and
documents referred to in item 4 in electronic form
upon their request; 6. PZU SA’s reply to the complaint shall be delivered to the
6) upon a request of the Policyholder, the Insured, the beneficiary person who has filed it on paper or through other durable
or the person entitled under the insurance contract, to make carrier of information within the meaning of the Payment
available any information it possesses, tied to the insurance Services Act or by e-mail only at the request of such person.
accident and being the basis to determine the liability of PZU 7. The client referred to in sec. 1 shall be entitled to file an
SA, and to determine the circumstances of the insurance application with the Financial Ombudsman concerning:
accident, as well as the amount of benefit; 1) rejection of claims in the complaint examination procedure;
7) upon a request of the Policyholder, the Insured, the beneficiary 2) failure to perform activities resulting from a complaint
or the person entitled under the insurance contract, to make handled in accordance with such person’s will within the
available any information it possesses about the statements deadline specified in the reply to the complaint.
made at the stage of a conclusion of the insurance contract for 8. A complaint or grievance, which is not the complaint referred
the purposes of an assessment of the insurance risk or copies of to in sec. 1 shall be submitted in writing through any PZU SA’s
the documents drawn up at this stage. organizational unit.
2. PZU SA is obliged to pay the benefit within 30 days from the 9. Complaints and grievances shall be reviewed by the
date of receiving a notification of the insurance accident. organisational unit specified in PZU SA’s internal regulations
3. If within the timeframe specified above it is not possible to prevailing as of the date of the complaint or grievance. The
clarify all circumstances needed to establish the liability of PZU information in this respect shall be available in PZU SA’s
SA or the amount of benefit, the benefit should be provided organisational units.
within 14 days from the date when clarification of such 10. PZU SA shall respond to written complaints or grievances
circumstances became possible with due diligence. However, within 30 days of the date of receipt of such a complaint or
the unquestioned portion of benefit should be paid by PZU SA grievance.
within the timeframe defined in section 2. 11. The entity within a meaning of the Act on extrajudicial
settlement of consumer disputes, competent in respect of PZU
CHAPTER V SA for the purposes of extrajudicial settlement of disputes, is
FINAL PROVISIONS the Financial Ombudsmen, which web site has the following
address: www.rf.gov.pl.
§ 53 12. In the case of the insurance contracts concluded by means of
the Internet, the consumer has a right to use an extrajudicial
1. The policyholder, insured, beneficiary and person entitled under settlement of disputes and file a complaint with an
the insurance agreement who is a natural person shall have the intermediary of the Online Dispute Resolution Platform (ODR)
right to file a complaint within the meaning of the Act on according to the Regulation (EU) No 524/2013 of the European
Examination of Complaints by Financial Market Participants and Parliament and of the Council of 21 May 2013 – address:
on the Financial Ombudsman, i.e. the right of addressing a http://ec.europa.eu/consumers/odr/. The European
notice to PZU SA with concerns regarding any services provided Commission is responsible for operating the ODR Platform. A
by PZU SA. contact e-mail address of PZU SA is as follows:
2. The complaints or grievances should be addressed to the [email protected].
organisational unit of PZU SA that handles the client. 13. The policyholder, insured, beneficiary and person entitled
3. The compliant can be lodged in the following form: under the insurance agreement who is a consumer shall have
1) in writing – in person or sent by mail within the meaning of the right to request assistance from the Municipal and Regional
the Postal Law Act, for example by sending a letter to the Consumer Ombudsmen.
following address: PZU SA ul. Postępu 18A, 02-676 Warsaw 14. PZU SA is supervised by the Polish Financial Supervision
(mailing address only); Authority (KNF).
2) in spoken form – by telephone, for example by calling the
hotline number at 801-102-102, or in person for the record
during a visit of the person referred to in sec. 1 in the unit 15. The language used by PZU SA in the relations with the
referred to in sec. 2; consumer is Polish
3) electronically – by sending an e-mail to [email protected] or
by filling out an online form at www.pzu.pl.
§ 54
4. PZU SA shall review the complaint and reply to it without undue
delay but no later than within 30 days of the date of receipt of 1. Any litigation for claims under the insurance contract may be
the complaint, subject to sec. 5. initiated either pursuant to general jurisdiction regulations or
5. In particularly difficult cases preventing the examination of the before the court with jurisdiction over the place of residence or
complaint and the provision of a reply within the deadline registered office of the Policyholder, the Insured or the person
referred to in sec. 4, PZU SA shall provide the person who has entitled under the insurance contract.
filed the complaint with information in which it shall: 2. Any litigation for claims under the insurance contract may be
1) explain the reason for the delay; initiated either pursuant to general jurisdiction regulations or
2) indicate the circumstances that must be ascertained to before the court with jurisdiction over the place of residence of
enable the examination of the case; the Insured’s heir or the heir of the person entitled under the
3) specify the anticipated date of examination of the complaint insurance contract.
and provision of the reply, which date may not be later than
60 days after the date of receipt of the complaint.
801 102 102 pzu.pl PZU SA 7B13/II
Fee according to an operator tariff