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

The following Dispute Resolution guidance note Produced in partnership with Mark Pring and Thomas Morgan 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?
  • Insurers (art 14)
  • Insurance and jurisdiction agreements (art 15)
  • Application of section 3 to a defendant domiciled in a third state
  • Failure to comply with section 3
  • Prorogation of jurisdiction (art 26)
  • Insurance and lis pendens (art 31)
  • more

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering jurisdiction. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

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 provided by section 3 titled: Jurisdiction in matters relating to insurance matters is broader than the other sections dealing with specific types of contracts, ie section 4 titled: Jurisdiction over consumer contracts and section 5 titled: Jurisdiction