Claiming from the Insurance Commission (CAA): conditions, deadlines, effect

The CAA (Commission d'assurance du Luxembourg – Insurance Appeals Commission) can handle, free of charge, a complaint from an individual acting for purposes outside their trade, business, or profession, relating to an insurance contract concluded or negotiated by a professional subject to its supervision, including an insurance company. One condition applies: you must have sent a written complaint to the insurer and received no response or satisfactory reply within 90 days of sending it. You must then contact the CAA within one year of the date of this complaint. You can do so in Luxembourgish, German, French, or English. Its findings are not binding.

The role of the CAA

The CAA is a Luxembourg public institution. Its primary mission is the protection of policyholders. It exercises supervision, including financial supervision, of the insurance companies it authorizes. For a Luxembourg insurer, it is the authority of the country of origin.

The procedure described here is that of the CAA page dedicated to the out-of-court settlement of disputes (page undated). It is based on the law of 7 December 2015 on the insurance sector and on CAA regulation no. 19/03 of 26 February 2019.

The four conditions

The CAA describes its procedure as aimed at finding an amicable solution, free of charge.

The CAA page specifies the eligible categories: policyholder, beneficiary, insured, or injured third party exercising a direct action. It specifically excludes products that are not insurance-related, the professional's commercial policy, abusive claims, and cases already judged or brought before a court, arbitrator, or other out-of-court settlement body.

The steps

1. Write to the insurer. The complaint must be in writing. Keep proof of sending and the date.
2. Allow 90 days. The CAA requires as a condition the absence of a response, or a satisfactory response, within 90 days of the submission of the complaint.
3. Submit your application to the CAA within one year. The year runs from the date you sent the claim to the insurer, not from their response or the end of the 90 days.
4. Receive the CAA's conclusions. They are not binding on you or the insurer.

The practical details of the application (form, address, required documents) are not provided here. They can be found on the CAA website cited in the source.

Languages

The complaint can be processed in Luxembourgish, German, French, or English. Therefore, you can write in French.

The value of the CAA's conclusions

The CAA's findings are not binding. The procedure is designed to find an amicable solution. This page does not address the following if such a solution is not reached.

Numerical example (fictitious profile)

Situation. A fictitious policyholder of a Luxembourg contract disputes the processing of a redemption request. He sends a written complaint to the insurer on 10/03/2026.

Issue. He thinks he can write to the CAA as early as the following week and doesn't know what timeframe to take action.

Strategy. Date the written claim, count 90 days, then check the deadline for filing a claim with the CAA.

Result. 90 days (counted in calendar days for this example) after 10/03/2026: 08/06/2026. The deadline for referring the matter to the CAA, one year after the claim, is 10/03/2027. Between 08/06/2026 and 10/03/2027, 275 days elapse.

Calculation: 10/03/2026 + 90 days = 08/06/2026; 10/03/2026 + 1 year = 10/03/2027; 10/03/2027 − 08/06/2026 = 275 days. The claim date and the method for counting days are assumptions based on the fictitious profile.

What changes depending on your situation

• The professional in question. The CAA procedure targets a professional subject to its supervision, in particular an insurance company.
• The nature of the dispute. The CAA page is aimed at claims related to insurance contracts.
• Your quality. The procedure targets natural persons acting outside of their commercial, industrial or professional activity (lessee, beneficiary, insured, injured third party).
• The date of your written complaint. It sets the starting point for the deadlines.
• The insurer's response. The condition for referral is that there be no satisfactory response within 90 days of sending.

These points are examined on a case-by-case basis. No result is guaranteed in advance.