The Principle of Proportion under Property Insurance Contract. A Gloss to the Judgment of the Supreme Court of 17March, 2023 (II CSKP 681/22)

The subject of this gloss is the judgment of the Supreme Court of March 17, 2023 (II CSKP 681/22), which discusses the principle of proportion in the event of underinsurance (i.e. when the sum insured is less than the insurance value). The Supreme Court once again had the opportunity to comment on the admissibility of including clauses of the principle of proportion in insurance contracts (concluded in B2B transactions, i.e. with the participation of entrepreneurs). This gloss is an attempt to develop the theses presented in the statement of reasons of the judgment, which deserve approval.