Extrajudicial dispute resolution with the luxembourg insurance commission
The Insurance Commission (CAA, by its French acronym), the Luxembourg supervisory authority, offers a service free of charge to help you find an amicable solution to your claim against CALI Europe.
Who can bring cases to the CAA?
Within the context of extrajudicial dispute resolution, the Insurance Commission is competent to receive claims from natural persons acting for purposes that do not fall within the scope of their commercial, industrial or professional activity concerning the insurance policies of the persons under Commission’s supervision, including CALI Europe.
Before taking your case to the CAA, make sure that your claim was first submitted in writing to CALI Europe in accordance with our claims procedure available on the CALI Europe website, and that you have not obtained a response or a satisfactory response within ninety (90) days of sending your claim.
Is your request admissible?
A request is not admissible:
if the claim has already been settled by a judicial decision or arbitration award, either in Luxembourg or abroad;
if the claim has been referred to a court or arbitrator, either in Luxembourg or abroad;
if the claim has been referred to an extrajudicial resolution body other than the CAA, either in Luxembourg or abroad;
if the request was not made within one year of the date when the requester referred the claim to the professional;
if the claim concerns the business policy of CALI Europe;
if the claim concerns a product or service not related to insurance;
if the claim is unreasonable, fanciful or vexatious;
if the claim does not arise from a policyholder, a beneficiary of an insurance policy, an insured person or an injured third party within the scope of a direct action against CALI Europe;
if the claim submitted to CALI Europe and the request made to the CAA differ in terms of their purposes and/or grounds.
How to bring cases to the CAA ?
The request for extrajudicial dispute resolution must be filed using the request for extrajudicial resolution form http://www.caa.lu/fr/consommateurs/resolution-extrajudiciaire-des-litiges, together with all of the specified documents.
It can be submitted in Luxembourgish, German, French or English in writing, either:
by post to the address of the CAA (7 boulevard Joseph II, L-1840 Luxembourg),
by fax addressed to the CAA (22 69 10),
by email (email@example.com),
on the CAA website (forms in FR, EN or DE).
The findings of the CAA
The reasoned findings of the CAA are not binding on the parties, who are free to accept or reject them after a reasonable period of consideration. If the parties do not reach an agreement after the CAA issues its reasoned findings, they have the option of taking their case to court.