The insurance industry faces demanding and unprecedented challenges. The regulatory environment is increasingly complex, particularly in relation to consumer products, and in England the approach adopted by the ombudsman has been to ignore the substantive law where it appears to operate in insurers’ favour. The Law Commission in England is preparing radical changes to English insurance law, which would go further than the ombudsman and would apply to all insurance, including commercial lines and reinsurance.
Across Europe the Solvency II regulations will mean more demanding capital adequacy at the same time as investment income becoming harder to achieve and maintain.
In France, legal obligations of insurers have been reinforced over recent years. For example, the Finance Law for 2012 imposed obligations on insurers to cover the liability of medical professionals up to € 8m by claim and €15m a year. For higher indemnifications the law created a fund constituted by contributions of insured medical professionals.
Our goal is to help our insured, insurer, reinsurer and intermediary clients resolve disputes that arise in this complex climate, and to help them understand the many regulatory issues that apply.
As trusted advisers our approach is to agree and implement strategies that produce results. We have a long track record of achieving successful outcomes on this basis.
Notable deals / highlights
Helped a US client caught up in a London personal accident spiral to ensure, through a series of arbitrations, negotiations and court actions, that the catastrophic losses ended elsewhere.
Represented a client bank in a multi-party LCIA arbitration to help it recoup its credit crunch losses either from credit insurers or from the counterparty.
Advised an underwriting agent about his responsibilities toward the risk carrier when a dispute arose out of a property loss.
Represented an insurer in a dispute against French brokers related to the payment of commissions and indemnities.
Helped our life insurance client to dispose through mediation of a claim for mis-selling a financial product after the customer rejected the decision of the ombudsman.