# Research article: post-loss obligations in the Baltics vs PEICL

URL: https://insurancelawestonia.ee/blog/2012-08-30-research-post-loss-obligations-baltic-peicl/
Author: Dr Olavi-Jüri Luik, Partner, Head of Insurance Law, attorney at law (Advokaadibüroo WIDEN OÜ)
Published: 2012-08-30
Last updated: 2026-11-04

> Luik, Baltic Journal of Law & Politics 2012: are Baltic insurance laws too insurer-friendly on post-loss duties compared with PEICL?

> **Article:** O.-J. Luik, "Policyholder Obligations After an Insured Event: Are Baltic Insurance Laws Too Insurer-Friendly Compared to the Principles of European Insurance Contract Law?", Baltic Journal of Law & Politics 2012 (5) 1, pp. 137–164. [DOI: 10.2478/v10076-012-0007-x](https://doi.org/10.2478/v10076-012-0007-x) (published online 30 August 2012)

*Date note: the date of this post (30 August 2012) is the date of the original publication. This introduction was written for this website in 2026.*

## Research question

Do the insurance laws of Estonia, Latvia and Lithuania put policyholders at a disadvantage compared with the Principles of European Insurance Contract Law (PEICL) in respect of duties after a loss? The article examines three duties: mitigating the loss, notifying the insurer and cooperating in claims handling.

## Main conclusions

How well the policyholder performs these duties largely determines how soon the payment arrives, and in some cases breach leads to refusal of the claim. Comparing the three Baltic regimes with PEICL, the article concludes that PEICL treats policyholders more favourably and in a more consumer-oriented way.

## Relevance for insurers

In Estonia the consequences of breaching post-loss duties are limited: Law of Obligations Act (võlaõigusseadus, VÕS) § 452(2) points 3 and 4 allow release only for intentional breach, or for grossly negligent breach that affected the establishment of the insured event or the insurer's obligation. VÕS § 448(2) limits the evidence an insurer may demand. These rules have not changed since publication. See also the [2017 article on Estonian law](https://insurancelawestonia.ee/blog/2017-07-01-research-post-loss-duties-property-insurance).

## Related pages

- [Notification and post-loss duties](https://insurancelawestonia.ee/estonian-insurance-contract-law/notification-and-post-loss-duties)
- [Baltic comparison](https://insurancelawestonia.ee/guides/baltic-comparison)