Article 11
1. An insurer domiciled in a Member State may be sued:
(a) in the courts of the Member State in which he is domiciled;
(b) in another Member State, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the claimant is domiciled; or
(c) if he is a co-insurer, in the courts of a Member State in which proceedings are brought against the leading insurer.
2. An insurer who is not domiciled in a Member State but has a branch, agency or other establishment in one of the Member States shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that Member State.
Bundesrepublik Deutschland v Mutua Madrileña Automovilista
Where a Member State, as employer, is subrogated to the rights of an official injured in a road traffic accident and continued to pay that official's remuneration during the incapacity to work, it may sue the motor insurer as an "injured party" in the courts where the employing administrative body has its seat - not in the courts where the official is domiciled - provided direct actions are permitted.
HW and Others v Allianz Elementar Versicherungs AG
Where Article 11(1)(b) applies, it determines both international jurisdiction and the local jurisdiction of the court in the Member State where the claimant is domiciled.
Paweł Hofsoe v LVM Landwirtschaftlicher Versicherungsverein Münster AG
A natural person whose professional activity includes recovering damages claims from insurers cannot rely on Article 13(2), read with Article 11(1)(b), to sue the insurer of the person responsible for a road accident in the courts of the Member State where the injured party is domiciled, even if that person acts under an assigned claim from the injured party and the insurer has its registered office in another Member State.