Different responsibilities
Complaint to the insurer
State the facts, relevant clause, requested outcome and essential evidence concisely, then request a reasoned written answer.
Independent Ombudsman
The foundation is neither FINMA nor a court. It handles matters within its remit against member insurers and seeks a non-binding out-of-court solution.
FINMA and courts
FINMA may examine evidence of misconduct for supervision but does not represent the insured or decide a private claim. Binding decisions belong to competent courts.
Route the file without losing rights
Document the insurer response and check all deadlines before choosing mediation, regulatory reporting or proceedings.
Request reasons in writing
Send the policy, relevant terms, chronology and requested resolution to the insurer.
Check mediation remit
Confirm insurer membership, subject-matter competence and prior steps required by the Ombudsman.
Separate supervision and private law
Send FINMA material relevant to supervision, but obtain independent help for litigation options and deadlines.
Protect every deadline
Keep dated documents and replies. A comparison request, complaint, mediation request or FINMA report does not automatically stop a statutory, court or contractual deadline.
Do not confuse the roles
- The Ombudsman is an independent foundation; its recommendations are not a binding judgment.
- A FINMA report does not automatically make the reporter a party or decide a private payment claim.
- These steps do not automatically pause limitation, appeal or other deadlines.
- This page cannot select the legally correct route for an individual case.
Verified Swiss sources
FINMA and Ombudsman guidance is linked in English. The consolidated federal statutes are linked to the official French text; no authoritative English legal translation is asserted here. The law, policy, terms and competent decisions prevail. The Ombudsman is an independent foundation, not a regulator or court.
- FINMA — You have a problem with your insurance companyEnglish · First approaching the insurer, FINMA’s supervisory role and its inability to decide a private-law insurance dispute.↗
- Ombudsman — Ombudsman of Private Insurance and of SuvaEnglish · Primary source for an independent out-of-court service within its remit and for member insurers; its recommendations are not binding judgments.↗
- Fedlex — Federal Act on Insurance Contracts (official French text)Official French legal text · Consolidated federal law governing pre-contract information and the rights and duties arising from an insurance contract.↗
- Fedlex — Insurance Supervision Act (official French text)Official French legal text · Supervisory framework for insurers and special safeguards against conflicts of interest in legal-expenses insurance.↗
- Fedlex — Swiss Civil Procedure Code (official French text)Official French legal text · Court costs and party costs, advances, allocation of costs and conditions for civil legal aid.↗