Payment of the premium by the insured in insurance concluded in favour of a third party. Gloss to the judgment of the Supreme Court of February 20, 2023 (II CSKP 1025/22)

The subject of this gloss is the judgment of the Supreme Court of February 20, 2023 (II CSKP 1025/22), which dealt with a number of issues regarding insurance contracts concluded in favour of a third party, and more specifically, group life-and-death insurance contracts with an insurance capital fund. In addition to issues directly related to the reimbursement of payments made as a result of the invalidity of the above-mentioned contracts, the Supreme Court considered a very practical and important problem of payment of the insurance premium by the insured. This gloss addresses the latter and constitutes an attempt to develop the theses presented in the reasoning of the judgment, which, moreover, deserves approval