As a "no deal" scenario is a real possibility, insurers need to confront the question of contract continuity, including claims handling, post Brexit. The article by Commercial Risk Online gives a good overview of the current state of play.
Indeed, it appears that a concept of mutual market access has now realistic chance of success. Unless deemed equivalent, UK insurers will thus be treated as third country carriers in the EU (and vice versa). One of the pertinent questions will be whether contractual obligations remain enforceable. In many instances, at least from a German legal perspective, I think the answer should be in the affirmative.
However, insurers and insured need certainty. Special Brexit clauses can assist but will arguably not be able to address and resolve all potential issues. Hopefully, in mutual interest, decision-makers will adopt a framework that provides for clarity and continuity.
Ensuring insureds have contract continuity in the increasingly likely scenario of a no-deal Brexit is a growing concern, warn London market representatives. They fear that a watertight market solution might not be feasible and are lobbying regulators to come up with an official response.
