On the occasion of the European Law Institute's (ELI) Annual Conference 2026 in Paris, the coordinators of the Insurance Law Special Interest Group (SIG, Insurance Law SIG), Prof Christoph Brömmelmeyer and Prof Helmut Heiss, together with Marta Ostrowska, had an expert discussion with the insurance ombudsmen from France, Arnaud Chneeweiss, the Netherlands, Eveline Ruinaard, and Switzerland, Martin Lorenzon and Ann-Catherine Nabholz.
They discussed topics that are to be subjected to in-depth analysis as part of the research project on insurance ombudsman schemes. Currently, the ombudsman offices are under particularly heavy strain due to a sharp increase in complaints. It is unclear how this development can be managed and how it should be assessed from the perspective of access to justice. Another issue is the sometimes starkly different structures of insurance ombudsman schemes across Europe. A dividing line exists between schemes that make binding decisions in the role of arbitrators and others that merely issue recommendations and thus act as mediators. Among the ombudsman systems with decision-making authority, some are bound by formal law, whereas others have greater discretion and, in particular, can also decide ex aequo et bono. Finally, the relationship between ombudsman schemes and collective redress mechanisms appears particularly interesting. In some cases, ombudsmen have their own resources at their disposal. One example is the Swiss Ombudsman’s ability to obtain and publish legal opinions on issues relevant to a broad range of insured persons. In the future, cooperation between ombudsman offices and the providers of collective legal protection instruments could potentially be expanded.
Based on the 2025 publication *Insurance Ombudsman Schemes* (edited by Heiss, Lorenzon, Nabholz, and Ostrowska), https://link.springer.com/book/10.1007/978-3-032-01500-6, which was prepared in cooperation with the Insurance Law SIG, the topics mentioned above will be explored in greater depth from both academic and practical perspectives.
