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AUSTRIA: An Introduction to Insurance

Contributors:

Jan Philipp Meyer

Gregor Pömer

Strasser Haindl Meyer Rechtsanwälte GmbH Logo

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The Austrian insurance sector finds itself at the nexus of dynamic economic shifts, evolving legal paradigms, and transformative technological advancements. The objective of this extensive study is to offer insight into the intricate landscape that defines the Austrian insurance market. Much like its international counterparts, the Austrian insurance industry is influenced by formidable factors that are reshaping the contemporary business environment. This report endeavours to unravel the intricacies of this dynamic sector and illuminate the responses and strategies adopted by prominent stakeholders. Its goal is to furnish a comprehensive overview of the hurdles and prospects confronting the Austrian insurance landscape in 2024.

Austrian Insurance Market Remains Strong Despite Economic Challenges

The Austrian insurance market grapples with the trials posed by the ongoing economic, property, and energy crises, impacting both insurers and clients alike. These challenges increasingly manifest in dwindling returns and, in certain instances, the looming spectre of insolvency – prompting a heightened and resolute pursuit of liability claims.

However, amid these trials, the Austrian insurance industry maintains an overall positive trajectory. Premium volumes have recently surged by more than 5% compared to the corresponding period last year. Furthermore, the underwriting result within the Austrian insurance market has also seen an uptick.

Moreover, more than 90% of all insurance firms have recently reported robust financial standings, boasting capital reserves exceeding double the requisite amount. This marks a notable improvement compared with the same period in the previous year.

Dynamic Shifts in the Austrian Insurance Sector: Rising Claims, Technological Evolution, and the Role of Brokers

The Austrian insurance sector exhibits high activity, particularly in claims settlement. The observed surge in reported claims can be attributed to two primary factors. Firstly, there is a noticeable trend towards assertive pursuit of claims against (former) contractual partners, (former) managers, and insurers themselves. Secondly, the expanded avenues for third-party funding further drive active claims pursuit. This dual impact places added pressure on insurers, necessitating a flexible response in claims processing and settlement.

Amid the tense economic climate, entrepreneurs exercise caution in acquiring additional policies. Policyholders increasingly differentiate between essential and non-essential coverage, opting for reduced insurance for lower premiums, thus assuming greater risks. Consequently, certain sectors witness a decline in new policies, reflecting a strategic shift in policy procurement driven by economic constraints.

Technological advancements such as AI, e-mobility, and cloud technologies propel industry evolution, demanding meticulous integration into existing frameworks. Insurers grapple with the internal challenge of effectively adapting to these technological shifts, acknowledging the imperative to lead innovation for comprehensive insurance provision.

The emergence of professional brokers advocating for policyholders introduces a complex interplay of positive and challenging dynamics. While streamlining claims processing and enhancing efficiency, it also presents the challenge of managing heightened customer expectations. This dynamic fosters a more assertive pursuit of claims, illustrating an evolving landscape where brokers’ roles transcend mere facilitation to necessitate strategic responses to elevated customer demands.

Furthermore, the rise of mass litigation across Europe – and likely soon in Austria as well – significantly impacts liability insurers. This trend extends beyond traditional insurance domains to include cyber-insurance, driven by events such as data breaches and incidents such as the Volkswagen “Dieselgate”, resulting in a notable uptick in reported claims. This shift reshapes claims management practices, compelling insurers to adjust strategies accordingly.

Technical Evolvement Within the Legislation 

The legal landscape is in a state of continual evolution, driven by emerging legislation stemming from contemporary (technological) advancements. As technological progress outpaces legislative response, the industry confronts potential obstacles in navigating a complex regulatory terrain. The persistent requirement for clarifying judgments, especially in the absence of established case law concerning cyber-related claims, presents an ongoing challenge.

As the regulatory framework continues to develop, insurers must adeptly navigate these shifting dynamics . They must strike a delicate balance between regulatory adherence and fulfilling the evolving expectations of policyholders within this dynamic environment.

Effects of Economic Ambiguity and Technological Innovation on the Austrian Insurance Sector

The Austrian insurance sector finds itself amid a myriad of opportunities and challenges. The burgeoning demand in emerging insurance sectors such as cyber-insurance presents a promising avenue for expansion. However, uncertainties loom over the sector – in particular, stemming from the prevailing economic ambiguity, which often results in heightened claims and diminished uptake of new insurance contracts within specific lines of business.

Embracing technological advancements not only fosters innovation but also necessitates the crafting of bespoke insurance products tailored to the ever-evolving risk landscape. The concomitant reliance on uncertainties in insurer risk assessments, coupled with interpretational challenges arising from a dearth of legal precedents, underscores the industry's imperative for clarity in addressing novel challenges.

Navigating Legal Evolutions in Consumer Protection Within the B2C Insurance Sector

Owing to the stringent demands of case law pertaining to the validity of insurance terms and conditions in the B2C sector, insurers must continually review and amend their terms and conditions to comply with the rigorous standards set by case law, as established by the Austrian Supreme Court (Oberster Gerichtshof, or OGH). The OGH has specified these general rules in numerous rulings. Like all general terms and conditions, they are subject to clause control (validity, content and transparency control) within Austria.

Contributions of Auditors to Legal Jurisprudence

The increased sense of entitlement ensures that fewer and fewer policyholders are deterred from asserting claims against their own service providers. This trend is progressively resulting in liability cases within professional indemnity insurance, where professionals such as auditors are facing lawsuits. In this context, case law has to clarify questions regarding the distribution of the available liability fund.

Impacts of Interest Rate Shifts and Climate Risks on the Austrian Insurance Landscape

Further challenges also arise from interest rate fluctuations and the impending climate crisis. Fluctuations in interest rates impact technical provisions and deferred reserves, resulting in a significant decline in the reserve ratio.

Moreover, the risks of inflation entail potential defaults, diminished reserves, and reduced profitability. Given geopolitical uncertainties, maintaining a consistently high level of capitalisation among Austrian insurers is crucial. Despite a recent improvement in financial stability, the looming spectre of inflation poses a potential challenge.

Conclusion  

In summary, the Austrian insurance sector navigates a multifaceted landscape marked by economic challenges, technological advancements, and evolving legal frameworks. While opportunities abound, especially in cyber-insurance and technological innovation, uncertainties persist. As the industry responds to regulatory shifts and embraces forward-thinking approaches, effectively managing these dynamic changes will be essential for achieving sustainable growth and resilience.