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OKW success at the Supreme Court

OKW success at the Supreme Court

The partners of OKW congratulate Ewa Kulma and Katarzyna Uszyńska-Owczarska with another success at the Supreme Court. On the 10t October 2019 the Supreme Court ruled in favour of OKW’s client, the Insurance Guarantee Fund (IGF).
A man got severely injured falling of the bucket of an excavator together with a pile of 30kg hollow concrete blocks. He decided to sue the IGF, claiming that since the excavator was a low-speed vehicle as defined in the Traffic Code (having its own engine and with a maximum speed of 25 km/h) it should have been insured with compulsory vehicle insurance. If indeed insurance would have been compulsory, the IGF would have become liable in the absence of such a policy.
OKW argued on behalf of the IGF, that since the excavator was not used on public roads but was always transported by truck from construction site to construction site, no insurance was required. Despite initial scepticism of the judges of the Supreme Court, they eventually followed the reasoning of OKW’s lawyers.
Whilst we are waiting for the written ruling, we can conclude at this stage that as long as a self-propelled device is never used on public roads no compulsory insurance is required. However, contractors should be aware that if any such device uses the public road, even crossing it, insurance should be obtained.

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