Insurance & Reinsurance

Insurance & Reinsurance

Providing critical legal services for the insurance and reinsurance sectors

The world’s leading insurers and reinsurers and their policy holders come to us for advice and representation on complex front end and back end insurance issues and contracts and to resolve major insurance disputes in a timely and cost-effective manner.

Offering expertise on the full spectrum of the laws and regulation governing insurers, our front-end insurance team provides advice on new insurance products, regulatory requirements and compliance, tax, codes of practice, claims procedures and protocols, alternative risk structures and captives, outsourcing and major acquisitions.

In managing disputes, we work closely with clients to respond to a range of claims, including industrial special risks (ISR), construction all risks, professional indemnity, directors’ and officers’ liabilities, medical malpractice, product liability, public liability and reinsurance. With an ability to draw upon a deep team of litigation and arbitration specialists, with experience handling insurance disputes across a range of industries and jurisdictions, we ensure that disputes are resolved as quickly as possible while providing the best outcome for our clients.

We also have a wealth of experience advising insurance companies on their financing arrangements (both as borrower and as lender), capital adequacy and capital base regulatory requirements, structuring innovative asset holding vehicles and secondary transactions including spin-outs and the sale and purchase of portfolios of shares, loans, funds and other interests.

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The areas of law we advise insurance and reinsurance clients on include:

  • Tailoring and documentation of products and programmes
  • Unit-linked policies
  • Insurance cover
  • After-sale insurance cover and warranties
  • Innovative asset holding strategies and cell-structures
  • Financing, including Funds at Lloyd’s financing and direct lending
  • Spin-outs and secondary asset transactions.

We are also regularly called upon to advise policyholders on their policy terms and conditions.

Contentious:

  • Professional indemnity
  • ISR
  • Construction all risks
  • Directors' and officers' liabilities
  • Product liability
  • Public liability
  • Reinsurance.

Non-contentious:

  • All categories of insurance and reinsurance policies
  • New products
  • Regulatory aspects
  • Tax
  • Compliance / codes of practice
  • Claims procedures and protocols
  • Alternative risk structures and captives
  • M&A / Portfolio transfers
  • Distribution and outsourcing agreements
  • Insurance program reviews.

Our experience in the insurance and reinsurance sector includes advising:

  • The professional indemnity insurer of Australia's major law firms on a range of significant and high profile disputes including one recent New South Wales Supreme Court action that sets the benchmark for the width of ex contractual duties
  • The Japanese insurers and their reinsurers in relation to flood business interruption and property damage claims arising from the 2008 Queensland floods
  • ISR insurers and policyholders on various claims arising from the energy and resources industry including pipeline failures, dragline damage and disruptions to mining operations
  • Hiscox Insurance in connection with their US$825 million letter of credit and working capital financing
  • Bupa on document review and standardisation of terms and conditions
  • Giles Insurance on its £250m divestment of company stake to Arthur J. Gallagher & Co
  • Pacific Insurance Company on its restructuring and IPO
  • Restructuring of Chinese People's Insurance Company and China Life Insurance Company.
"Not many firms have the depth of insurance specialists that this firm has."

Chambers

We have a full team specialising in this area.

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