EIOPA · 2618

Technical Provisions (TPs)

Regulation
(EU) No 2015/35 - supplementing Dir 2009/138/EC - taking up & pursuit of the business of Insurance and Reinsurance (SII)
Article
28 of DR 2015/35; Art. 77(2) of SII Directive
Topic
Technical Provisions (TPs)
Submitted
2023-03-31
Answered
2023-06-26

Question

Should settled but as-of-yet unpaid inwards claims (subject to no uncertainty) be included within the (gross) technical provisions? Or should they be included as a payable?

Background

Under Article 28 the 2015/35, such a settled but as-of-yet unpaid inwards claim would appear to be a future cashflow that should be included within the technical provisions. We note that under the international accounting standard IFRS 17, such a claim would be included within (the equivalent of) the technical provisions. However, Q&A 1853 considered a similar question but for reinsurance recoveries and stated: "As long as the claim between the policyholder and insurance undertaking (original claim) has not been settled, the claim is part of the technical provision...after the claim has been settled between policyholder and insurance undertaking, the claim is no more included in the technical provisions in the liabilities side and a correspondent movement in the “Reinsurance recoverables" should be done. At this point, the possible claim from cedent toward the reinsurer is moved from 'reinsurance recoverable' to 'reinsurance receivable'." This would imply that gross claims should only be included within the technical provisions if the claim is not yet settled. Upon settlement, any unpaid amounts should move from the technical provisions to the insurance payables.

Answer

Please see Q&A 2582 for the answer.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

Similar Q&As

More Q&As on this topic

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.