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Doktór Jerszyński Pietras
Adwokaci i Radcowie Prawni
Spółka Komandytowa

Agency Tuesday, Banking, Dispute Resolution, General

Another financial institution wins against an agent — with DJP’s support!

In one of our cases, an agent requested a broad range of commission information from the principal concerning repeat business and insurance sales.

Another financial institution wins against an agent — with DJP’s support!
Translated from Polish.Read the Polish original

In one of our cases, an agent requested a broad range of commission information from the principal concerning repeat business and insurance sales.

📍 In case XXVI GC 742/22, the Regional Court in Warsaw dismissed those claims in full.

The judgment follows an established line of case law developed in other proceedings involving our firm.

❗ Why does this matter for principals?

The court’s reasons confirmed several key points:

🔵 An information claim serves solely to verify commission actually payable to the agent.

If there is no entitlement to commission, there is no basis for requesting information.

🔵 Both the agreement’s terms and the way it is performed matter.

If the parties clearly define which activities generate commission, and the agent accepts the settlements during the relationship, expanding the range of claims later is difficult — even if additional commission derives from legislation and the agreement does not expressly exclude it.

🔵 Not all “intermediation” receives protection.

Insurance legislation prohibits insurance sub-agency: acting as an agent’s agent. A person acting in that capacity is not entitled to claims associated with a standard agency relationship.

Conclusion?

Agents sometimes view information claims as a reliable first step in a dispute, intended to provide the basis for further demands. Principals are not defenceless, however. These claims’ effectiveness depends largely on how the agreement was drafted and performed in practice.

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Agency Tuesday

Agency agreements from the start of cooperation to its conclusion. Short analyses on commission, the parties’ obligations, non-compete clauses and indemnity.

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