This paper presents a critical analysis of the caption 'provision for claims outstanding' and its relation to the financial guarantees system of the European Union for non-life insurance undertakings. Insurance companies can lower the solvency margin requirements or have fewer assets covering the technical provisions than needed, as this provision corresponds to an estimated value. This paper discusses these issues, which can theoretically be used, putting in risk the most important objective of the financial guarantees: the protection of policyholders, to whom this provision is crucial.