On Union Law Concerning Alternative Dispute Resolution Methods with Regard to Insurance Disputes
摘要
The most cataclysmic contribution of Union law to the proliferation of alternative dispute resolution methods within the insurance sector—at least from a German perspective—was, quite surprisingly, probably the European Commission’s recommendation to all Member States to establish a dispute resolution system, such as especially an ombudsman system, (in the banking sector) in 1990. Whilst the numerous (also insurance) ombudsman systems created subsequently—which have been covered amply in the country reports presented in this book—will often leave little necessity for further ADR mechanisms, the European Union saw fit to patch any potential gap in consumer protection. It did so by providing additional methods by which consumers may seek redress against actors within the insurance industry and establishing quality standards. Despite lingering doubts regarding whether the created patchwork of alternative venues, where policyholders may lodge complaints, optimally furthers consumer protection, the European Union is at least consistent in its approach: where an insurance-related problem involves a consumer (sensu stricto), there must be available an effective means of alternative dispute resolution.