Cross-Border Insurance Claims in Europe: Legal Challenges and Harmonization Prospects

Abstract

Background: With the increasing mobility of goods, services, and people within Europe, cross-border insurance claims have become a pressing concern. Variations in national legal systems often complicate the resolution of such claims, undermining consumer trust and market efficiency.

Objective: This study investigates the legal challenges faced in handling cross-border insurance claims across Europe. It explores the existing disparities in claims procedures and evaluates the potential for harmonized regulations to streamline processes and enhance consumer protection.

Methodology: A mixed-methods approach was employed, comprising a review of legal texts and case law in Belgium, the Netherlands, and Poland. Interviews with insurance regulators, legal experts, and claimants were conducted to identify practical barriers. Data were analyzed to highlight systemic gaps and propose pathways for regulatory alignment.

Findings: The study reveals significant inconsistencies in claims handling procedures, particularly in documentation requirements and dispute resolution mechanisms. Belgium's consumer-friendly approach contrasts sharply with the Netherlands' insurer-centric practices, while Poland grapples with outdated legal frameworks. Harmonization efforts under the European Insurance and Occupational Pensions Authority (EIOPA) show promise but require stronger enforcement mechanisms and stakeholder collaboration.