In a case handled by advocate Maciej Obrębski and attorney-at-law Artur Pietruszka, the Court awarded our client compensation for crops lost as a result of a hurricane.
Every farmer operating an agricultural holding is required to take out third-party liability insurance (OC), which protects third parties against damage arising from agricultural activity, such as accidents caused by animals, machinery, or production errors. This insurance, however, does not cover damage to the agricultural holding caused by adverse weather conditions. Insurance companies do, nevertheless, offer additional policies that protect farmers against loss of yield due to drought, hail, flooding, or a hurricane.
Our client—who carries out agricultural activity, including sugar beet cultivation—opted for such additional coverage. On one of the client’s fields, an intense wind lasting several hours damaged the seeds and resulted in the loss of the expected sugar beet yield.
Despite reporting the loss to the insurer, our client was denied compensation. In its response, the insurer claimed that the damage was caused by defective sowing of the sugar beet seeds, and therefore weather conditions were not the cause.
Acting on the client’s behalf, our law firm filed a lawsuit for payment against the insurer. Thanks to our actions, it was precisely demonstrated that strong winds of the speed specified in the insurance policy terms occurred on the client’s plots at the relevant time. In the course of the proceedings, witnesses and an agricultural expert confirmed that the sugar beet sowing had been performed correctly, and that the sole reason for the lack of plant growth was the intense hurricane.
The Court awarded our client the full amount claimed, together with statutory interest for late payment, calculated from the date the loss was reported to the insurer.
Disputes with insurers are often lengthy and demanding. As our client’s case shows, it is worth seeking support from a professional attorney who will analyse the client’s legal position even before the claim is filed, represent the client in hearings, and ensure enforcement of the judgment. This can save the insured time and stress and, in the event of a dispute with the insurer, helps secure the compensation and redress due under the insurance contract.