Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.  

Claims

General

What general rules, requirements and procedures govern the filing of insurance claims?

This is determined by the national laws and case law of the respective member state.

Time bar

What is the time bar for filing claims?

This is determined by the national laws and case law of the respective member state.

Denial of claim

On what grounds can the (re)insurer deny coverage?

This is determined by the national laws and case law of the respective member state.

What rules and procedures govern the insured’s challenge of the denial of a claim?

This is determined by the national laws and case law of the respective member state.

Third-party actions

On what grounds can a third party file a claim directly with the (re)insurer?

EU Directive 2009/103/EU relating to insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability provides that any party injured as a result of an accident caused by a vehicle covered by insurance enjoys a direct right of action against the insurance undertaking covering the person responsible against civil liability.

For other (re)insurers, it depends on the wording of the individual (re)insurance contract.

Punitive damages

Are punitive damages insurable?

This is determined by the national laws and case law of the respective member state.

Subrogation

What regime governs (re)insurers’ subrogation rights?

This is determined by the national laws and case law of the respective member state.

Click here to view the full article.