Insurance litigation—Sweden—Q&A guide
Insurance litigation—Sweden—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—Sweden—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in Sweden published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Wistrand—Johan Gregow

1. In what fora are insurance disputes litigated?

The Swedish Insurance Contracts Act (ICA) contains no provision regarding disputes and litigation. Instead, litigation related to the determination and settlement of insurance indemnities is governed by the procedural rules for civil law cases laid down in the Swedish Code of Judicial Procedure. For civil law cases, the competent court is generally the court of the place where the defendant resides. A corporation is considered to reside at the place where its board has its seat or, if the board has no permanent seat or there is no board, at the place from which the corporation's administration is carried out.

Moreover, an action regarding tortious acts may be instituted in the court at the place where the act that caused the damage was performed or where the damage occurred. When the act was performed or the damage occurred in two or more court districts, legal actions may be instituted in any of those districts.

According to European Union legislation, an insurer domiciled in a member state of the EU may be litigated in another member state in the courts of the place where the claimant is domiciled.

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