Brussels I (recast)—dealing with insurance matters
Produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith
Brussels I (recast)—dealing with insurance matters

The following Dispute Resolution practice note produced in partnership with Thomas Morgan of Reed Smith and Mark Pring of Reed Smith provides comprehensive and up to date legal information covering:

  • Brussels I (recast)—dealing with insurance matters
  • Special regime for insurance matters
  • Parties on an equal footing
  • Where may an insurer be sued?
  • Insurer domiciled in an EU Member State (art 11(1))
  • Insurer has a branch, agency or other establishment (art 11(2))
  • Insurance of immovable property (art 12)
  • Liability insurance (art 12 and art 13)
  • Insurers (art 14)
  • Counterclaims
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note will assist when seeking to determine which court has jurisdiction for an insurance claim. Specifically, it addresses the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in articles 10–15. This Practice Note considers the general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party. The position where parties are on an equal footing is also explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is the impact of an agreed jurisdiction clause in an insurance dispute.

Special regime for insurance matters

Regulation (EU) 1215/2012, Brussels I (recast) leaves the previous regime relating to insurance claims largely intact.

The remit and application of the special regime set out in

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