Insurance Litigation 2026: Switzerland
in: Chambers Global Practice Guide
Insurance Litigation in Switzerland
The Chambers Global Practice Guide on Insurance Litigation 2026 provides a practical overview of how insurance disputes are handled in Switzerland and the legal and market developments shaping claims, coverage and litigation. The Switzerland contributions were authored by CMS lawyers Jodok Wicki, Daniel Zemp, Fabienne von Moos and Doruntina Dembogaj.
What does the Law and Practice chapter cover?
The Law and Practice chapter examines the key drivers of insurance disputes in Switzerland, including policy wording and coverage issues, claims handling and dispute resolution strategies. It also covers jurisdiction and choice of law, arbitration, third-party claims and direct actions, as well as emerging risks and regulatory developments affecting insurers and policyholders. The chapter also considers how increasingly interconnected risks – including cyber incidents, supply-chain disruption, sanctions and environmental exposures – are testing traditional insurance wordings and creating more complex, multi-party disputes.
What are the key trends in Swiss insurance litigation in 2026?
The Trends and Developments chapter explores how Swiss insurance litigation is evolving following the 2022 partial revision of the Swiss Insurance Contract Act (ICA), recent Federal Supreme Court case law and an increasingly organised claimant environment. A key development is the shift from disputes primarily involving insurers and policyholders towards proceedings that may also involve injured parties, employees and multiple insurers. The contribution examines direct action rights against liability insurers, transitional rules for older policies, multi-claimant and mass claims, information rights, the interpretation of coverage exclusions, and the changing framework for subrogation and recourse.
Topics covered
- Insurance coverage disputes, policy wording and claims handling
- Jurisdiction, choice of law and arbitration
- Direct actions against liability insurers and multi-party claims
- Subrogation, recourse and information rights
- Cyber, AI, ESG, environmental and geopolitical insurance risks
Originally published in the Chambers Global Practice Guide: Insurance Litigation 2026.
Insurance Litigation 2026 - Switzerland
The full Switzerland chapter is available here.
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