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Please make sure you view the key information alongside your search results. This section details information that must be considered before accepting a risk in the chosen country.

Disclaimer: Crystal is provided for information purposes; it does not constitute solicitation of business and is not intended to be a substitute for appropriate professional advice.

Austria** Please see Lloyd's Authorisation for details of Lloyd's licensing status

Pre-placement considerations

Lloyd's authorisation

Insurance

Lloyd’s underwriters are authorised to write:

  • All classes of insurance in this territory on a freedom of services basis, and
  • All classes except for motor vehicle liability and term life insurance on a freedom of establishment basis.

 

Lloyd's underwriters can accept insurance for the classes listed below, either on a freedom of services or establishment basis:

Last updated: 29 Jun 2015


Reinsurance

Lloyd's underwriters are permitted to write all classes of reinsurance business originating from this territory.
Last updated: 09 Jun 2014

Definition of risk location

A risk is an Austrian (European Union or European Economic Area member state) risk if it is:

Insurance

(a) a building (and its contents issued under the same policy) situated in that member state;

(b) a motor vehicle, ship, yacht or aircraft registered in that member state;

(c) a travel policy for four months or less taken out in that member state.

For any other type of insurance (including a life insurance) it is a risk of this member state if the policyholder is habitually resident in the member state or a business or an organisation if the establishment to which the contract relates is situated in that member state.

Reinsurance

A reinsurance of an insurer located in that member state.

For general guidance on identifying the location of a risk please refer to the risk locator.

Last updated: 13 May 2015

Compulsory classes

The following classes are compulsory in Austria

  • Motor third party liability.
  • Air carriers' liability.
  • Carriage of passengers by land liability.
  • Carriage of dangerous goods liability. 
  • Liability insurance for a carrier of nuclear material.
  • Manufacture, delivery, testing and export of pharmaceuticals. 
  • Nuclear facility operators' liability.
  • Pipeline operators' liability.
  • Professional indemnity for attorneys.
  • Professional indemnity for public notaries and accountants.
  • Professional indemnity for genetic technology operators.
  • Professional indemnity for insurance intermediaries.
  • Professional indemnity for electronic signature certificators.
  • Bonds in respect of travel operators (insurance or a financial guarantee).
  • Professional indemnity for auditors.
  • Workers' compensation (state scheme).
  • Third party property damage and financial loss for doctors and dentists.
  • Medical malpractice for doctors.
  • Third party liability for operators of cable cars and ski lifts.
  • Liability for shipments of waste (either a financial guarantee or insurance).
  • Railway operators liability (either a financial guarantee or insurance).
  • Public liability for vessels licensed to carry more than 12 passengers in respect of injury to passengers and damage to their luggage, where the vessel is registered in Austria or is registered in another country and enters a port in Austria.
  • Professional indemnity for construction companies.
  • Professional indemnity for real estate brokers, property managers and property developers.
  • Professional indemnity for commercial financial advisors.
  • Professional indemnity for an appointed guardian.
  • Professional indemnity for a notified/accredited body to review the conformity of certain water vehicles.
  • Liability insurance for civil engineers and third party construction experts in relation to the evaluation of construction progress and assessing a lien related to a specific construction section.
  • Professional indemnity for chartered accountants, chief accountants and payroll accountants.
  • Professional indemnity for pharmacists, psychotherapists, psychologists and music therapists.
  • Professional indemnity for mediators.
  • Professional indemnity for patent agents.
  • Professional indemnity for horse coach operators.
  • Third party liability for hunters.
  • Third party liability for dog owners.
  • Clinical trials.

There are many compulsory classes in Austria and the above list is not exhaustive. For further information about compulsory classes, please contact the Lloyd's General Representative for Austria.

Last updated: 13 May 2015

Routes into Lloyd's

Open market correspondents

Open market correspondents in Austria do not require Lloyd's registration.

Managing agents must ensure that any insurance intermediary in Austria from whom they receive business is registered.   
Last updated: 13 May 2015

Intermediary regulation

Austria has implemented the EU Insurance Mediation Directive (Directive 2002/92/EC) by way of amendments to the Trade Regulation Act (Gewerbeordnung, GewO), the Broker Act (Maklergesetz, MaklerG) and the Insurance Supervision Act 2016 (Versicherungsaufsichtsgesetz 2016, VAG 2016). The provisions relating to insurance intermediaries apply to both insurance and reinsurance mediation.

Last updated: 20 Jun 2016

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Insurance documentation

Insurance documents

Contract certainty applies to general insurance contracts either entered into by a UK regulated insurer (such as Lloyd’s underwriters) or arranged through a UK regulated broker (such as Lloyd’s brokers based in the UK).

Lloyd's has developed Quality Assurance (QA) checks to help the market comply with this requirement.

Further information on contract certainty can be found on the Market Reform website.

Last updated: 03 Oct 2016


Market Reform contract guidance

This guidance on completing a Market Reform Contract (MRC) focuses on tax and regulatory checks.

It provides advice on completion of the Fiscal and Regulatory section, plus completion of headings in other sections relevant to fiscal and regulatory compliance.

This guidance relates to insurance (ie not reinsurance).
Last updated: 09 Jun 2014


Language of contract

Insurance
 
Articles 252, paragraph 6, and 253, paragraph 4, of the Insurance Supervision Act 2016 (Versicherungsaufsichtsgesetz 2016, VAG 2016) state that pre-contractual information and policy information must be provided in German unless the insured has expressly agreed that another language may be used or the insured has chosen the law of a country other than Austria to govern the contract. This applies to both non-life and life risks.

Reinsurance

The language of contract may be agreed between the parties.
Last updated: 20 Jun 2016

Choice of law

To meet contract certainty requirements, the insurance contract must contain a choice of law clause.
Last updated: 09 Jun 2014


Jurisdiction

To meet contract certainty requirements, the insurance contract must contain a jurisdiction clause.

The Revised Brussels I Regulation 1215/2012/EU applies and determines the jurisdiction applicable.

Insurance of large risks: The underwriter can agree with the insured the jurisdiction that will apply to the contract.

Insurance of mass risks: In the event of a dispute, the rules in the Revised Brussels I Regulation determine the EU member state(s), in which a party can bring an action.

Reinsurance: The underwriter can agree with the reinsured the EU member state whose jurisdiction will apply to the contract.

Last updated: 20 Jun 2016


Service of suit

This information is secured Secure item
Last updated: 13 May 2015

Lloyd's representation and other contact details

Lloyd's representative

Ralph Hofmann-Credner
Lloyd’s General Representative for Austria
Schubertring 6
1010 Vienna
Austria

Tel: +43 1 515 10 5630
Email: ralph.hofmann-credner@lloyds.com

NOTE: Ralph Hofmann-Credner became the Lloyd's General Representative in Austria with effect from 1 November 2012. Please refer to Market Bulletin Y4614 dated 19 September 2012 for details.

Last updated: 13 May 2015