# Investigations and expert opinions for insurers in Estonia URL: https://insurancelawestonia.ee/services-for-insurers/investigations-and-expert-opinions/ Author: Dr Olavi-Jüri Luik, Partner, Head of Insurance Law, attorney at law (Advokaadibüroo WIDEN OÜ) Last updated: 2026-11-05 > Fact-finding for insurers in Estonia (fraud, cyber, D&O, fire cause and origin) and expert opinions on Estonian law for foreign courts and tribunals. In D&O, liability, crime, cyber, war-risk and major property losses, the decisive questions are often factual: what happened, who knew what and when, and what caused the loss. When a dispute about an Estonian risk is heard abroad, the decisive questions are often questions of Estonian law. I work for insurers in three ways: investigations to establish the facts, representation in court and arbitration, and expert opinions. Representation is described on the page on [litigation and arbitration](https://insurancelawestonia.ee/services-for-insurers/litigation-and-arbitration); this page covers investigations and expert opinions. ## 1. Investigations ### What is investigated - **Fraud and fidelity.** Payment and invoice fraud, CEO fraud and other social engineering, employee theft: reconstruction of payment flows and approvals, mailbox and system logs, identification of recipient accounts and banks, interviews. See [crime and fidelity investigations](https://insurancelawestonia.ee/services-for-insurers/crime-and-fidelity-investigations). - **Cyber incidents.** Legal coordination of the forensic investigation: timeline, systems and data affected, notification duties, ransom and sanctions questions. See [breach coach for cyber incidents](https://insurancelawestonia.ee/services-for-insurers/breach-coach-cyber-incidents). - **D&O fact-finding.** What the management and supervisory boards knew and decided, the company's solvency at the relevant dates, related-party transactions and the allegations of trustees and creditors. See [D&O claims](https://insurancelawestonia.ee/services-for-insurers/d-and-o-claims). - **Fire cause and origin.** Coordination of fire investigators, engineers and loss adjusters, preservation of the scene and of samples, and assessment of the authorities' findings. See [major fire and property losses](https://insurancelawestonia.ee/services-for-insurers/major-fire-and-property-losses). - **War and geopolitical incidents.** The facts of a drone strike, act of sabotage or cyber operation, and the attribution evidence available from public sources and technical experts. See [war and geopolitical risks](https://insurancelawestonia.ee/services-for-insurers/war-and-geopolitical-risks). ### How an investigation is set up **Who instructs whom.** The first decision is who instructs the investigators and who receives their reports: the insurer, the insured or counsel. The policy's cooperation and consent clauses, and the statutory limits on what the insurer may demand, frame that decision: after an insured event the insurer may request the information needed to establish its obligation, and evidence as far as the policyholder can reasonably be expected to provide it (Law of Obligations Act (*võlaõigusseadus*, VÕS) § 448 lg 2).[^1] The Supreme Court has also derived from the duty to cooperate and good faith that the policyholder must let the insurer's expert examine the damaged item where the insurer needs this to meet its burden of proof.[^2] **Confidentiality.** An advocate must keep confidential the information received in providing legal services, the fact that a person has sought legal services and the fee paid (Bar Association Act (*advokatuuriseadus*, AdvS) § 45 lg 1).[^3] Whether an expert's report prepared for the matter stays confidential depends on how it is commissioned and to whom it is circulated, so distribution is agreed at the start. **Criminal proceedings.** Fraud, arson and cyber attacks are usually also criminal matters. The victim may bring a civil action in the criminal proceedings through the investigative body or the prosecutor's office within the statutory time limit, and may examine the criminal file in the manner provided by law (Code of Criminal Procedure (*kriminaalmenetluse seadustik*, KrMS) § 38 lg 1 p 2 and 7).[^4] I coordinate the civil investigation with the criminal one so that neither prejudices the other. **The cooperation network.** In these lines I work with established crisis-communications agencies and IT forensic and incident-response firms, and with fire investigators, engineers and forensic accountants. They are instructed by the insurer, by the insured or through counsel, within the policy's consent requirements; I coordinate the legal side. For other Baltic jurisdictions I work with WIDEN's teams in Riga and Vilnius, and WIDEN's Estonian office is a member of the [International Fraud Group (IFG)](https://widen.legal/baltic-and-international-collaboration/). **The report.** The result is a written report in English: established facts and their sources, a timeline, open points, coverage implications with a confidence level, recovery prospects and recommended next steps. ## 2. Expert opinions ### Coverage opinions A coverage opinion answers whether, and to what extent, the insurer must perform under Estonian law: the applicable law, the effect of mandatory rules, the correct classification of the defence, causation and proportionality, and the deadlines running. The format is described on the page on [coverage opinions](https://insurancelawestonia.ee/services-for-insurers/coverage-opinions). ### Estonian law for foreign courts and tribunals Disputes about Estonian risks are often heard elsewhere: in London or another European court under a jurisdiction clause, or before an arbitral tribunal. The court or tribunal then needs evidence of Estonian law, for example on the mandatory rules in VÕS § 427, the limits on release in § 452 lg 2 and the Supreme Court's proportionality case law, limitation and the one-year period for an action under § 475, direct claims under § 521, or the liability of Estonian board members. The same need exists in reverse: an Estonian court establishes foreign law itself to the extent it does not know it and may request an expert opinion on it (Code of Civil Procedure (*tsiviilkohtumenetluse seadustik*, TsMS) § 234, § 293 lg 1).[^5] An expert opinion on Estonian law is written for the court or tribunal, not as advocacy. It cites the primary sources (the consolidated texts in Riigi Teataja and the Supreme Court's judgments), separates settled law from open questions and states the strongest contrary view. An expert who also acts as counsel for a party in the same dispute is exposed to challenge, so the two roles should be kept with different people. Opinions are written in English, with the Estonian text of the key provisions, and I am available for oral evidence where required. ## 3. Representation Where a dispute follows, I represent insurers in all three instances of the Estonian courts and in arbitration, and coordinate counsel in other jurisdictions. See [litigation and arbitration](https://insurancelawestonia.ee/services-for-insurers/litigation-and-arbitration). ## Related pages - [D&O, cyber, crime, liability and war-risk claims](https://insurancelawestonia.ee/specialty-lines) - [Coverage opinions under Estonian law](https://insurancelawestonia.ee/services-for-insurers/coverage-opinions) - [Crime and fidelity investigations](https://insurancelawestonia.ee/services-for-insurers/crime-and-fidelity-investigations) - [Civil procedure and evidence in Estonia](https://insurancelawestonia.ee/guides/civil-procedure-and-evidence-estonia) - [Pan-Baltic coverage](https://insurancelawestonia.ee/services-for-insurers/pan-baltic-coverage) ## References [^1]: Law of Obligations Act (võlaõigusseadus, VÕS) §§ 427, 448, 452, 475, 521. RT I, 20.06.2026, 18 (in force 01.09.2026). Estonian: ; English: . [^2]: RKTKo 25.03.2026, 2-23-10549/35, p 13. . [^3]: Bar Association Act (advokatuuriseadus, AdvS) § 45 lg 1. RT I, 30.06.2026, 3 (in force 01.10.2026). Estonian: ; English translation: . [^4]: Code of Criminal Procedure (kriminaalmenetluse seadustik, KrMS) § 38 lg 1 p 2, 7. RT I, 11.07.2026, 79 (in force 01.11.2026). . [^5]: Code of Civil Procedure (tsiviilkohtumenetluse seadustik, TsMS) §§ 234, 293 lg 1. RT I, 20.06.2026, 21 (in force 30.06.2026). .