Insurance

Unmatched global presence and experience across all lines of insurance business

No one handles insurance risk like we do

We’ve been at the heart of global commerce for nearly a century, helping the insurance market navigate an ever-changing risk landscape.

Today, the risks that insurers and their insureds face are becoming ever more interconnected and complex wherever they operate around the world. Whether that’s driven by the digital revolution, geopolitical tension and uncertainty, the existential threats posed by climate change or the ever increasing legal and regulatory risks faced by organisations and their directors and officers, the world is increasingly unpredictable and volatile. 


Key risks and opportunities for our clients around the world

All this calls for an agile and informed response. Our global teams use their deep insurance sector knowledge and commercial understanding to advise on issues such as dispute resolution, multi-jurisdictional litigation, coverage issues, contentious regulatory proceedings, policy wording issues, product development, corporate and commercial services, and recoveries.

From the smallest claim to the most complex risk, our in-depth, on-the-ground knowledge is supported by a truly interconnected global approach. This combination of local insight and global network allows us to offer rapid access to expertise wherever you operate. We can help you navigate these risks and futureproof your business.

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Clyde & Co lawyers highlight the trends, risks and opportunities likely to impact our core sectors and services in 2024.

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Financial Accountability Regime (FAR)

Manage an end-to-end implementation of your FAR project, based on years of global experience

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Our Insurance & Reinsurance Work

  • All
  • Africa
  • Asia Pacific
  • Latin America
  • Middle East
  • North America
  • UK & Europe
  • Coverage for mechanical breakdown and business interuption

    Representing reinsurers in the successful settlement of a USD 30 million claim arising from a breakdown of a mechanical shovel and consequential business interruption claim at a large diamond mine loss concerning coverage and quantum issues

    South Africa

    Implementing digital distribution channels for a life insurer

    Advising a life insurer on implementing digital distribution channels including mobile applications and USSD channels to distribute certain life insurance policies to its policyholders whilst ensuring compliance with all applicable laws, including data protection laws and the Policyholder Protection Rules relevant to such products and providing guidance in relation to licensing options available to such insurer in compliance with the Insurance Act, 18 of 2017

    South Africa

    Acquisition of Europe's largest aluminium smelter

    Advising Liberty House Group, the industrial arm of the GFG Alliance, on its purchase of Aluminium Dunkerque, Europe's largest aluminium smelter from Rio Tinto for US$500,000,000.

    United States

    Pit wall collapse at the world's most profitable diamond mine

    Advising reinsurers on coverage for property damage and business interruption claim following a pit wall collapse at the world's most profitable diamond mine and where the loss alleged exceeds USD 250 million.

    Botswana

    Advising Monarch Insurance on its disposal of a majority equity stake to Holmarcom

    Advising Monarch Insurance, a major Kenyan underwriter, on its disposal of a majority equity stake to Moroccan conglomerate, Holmarcom.

    Kenya

    Nepal Airlines chartered flight crash

    Advising insurers in respect of the chartered flight to Jomsom from Pokhara which crashed on the banks of Kaligandaki river near the airport after it skidded off the runway while making a turn.

    Nepal

    Acting for various foreign insurers and reinsurers in South Africa

    Various foreign insurers and reinsurers on all aspects of establishing a presence (as a licence insurer or as a branch of a foreign reinsurer) in South Africa, including drafting the first bespoke application form for approval to operate as a branch.

    South Africa

    Total loss of a jackup drilling rig “PERRO NEGRO 6”

    Advising insurers on P&I coverage arising out of the capsize and total loss of a jackup drilling rig “PERRO NEGRO 6” offshore Angola.

    Angola

    Establishment of an insurtech offering

    Advising an insurer in relation to the establishment of its insurtech offering, including providing guidance in relation to the structure of the arrangements between the insurer and the technology partner appointed by it to create the Insurtech platform, drafting agreements between the parties to govern the arrangements between the parties and providing regulatory advice to ensure that all applicable laws (including data protection laws and insurance laws) are complied with throughout the...

    South Africa

    Advising a leading reinsurer

    Advising a leading reinsurer with respect to its potential liabilities in Egypt under a trade credit insurance policy.

    Egypt
  • Implementing digital distribution channels for a life insurer

    Advising a life insurer on implementing digital distribution channels including mobile applications and USSD channels to distribute certain life insurance policies to its policyholders whilst ensuring compliance with all applicable laws, including data protection laws and the Policyholder Protection Rules relevant to such products and providing guidance in relation to licensing options available to such insurer in compliance with the Insurance Act, 18 of 2017

    South Africa

    Coverage for mechanical breakdown and business interuption

    Representing reinsurers in the successful settlement of a USD 30 million claim arising from a breakdown of a mechanical shovel and consequential business interruption claim at a large diamond mine loss concerning coverage and quantum issues

    South Africa

    Pit wall collapse at the world's most profitable diamond mine

    Advising reinsurers on coverage for property damage and business interruption claim following a pit wall collapse at the world's most profitable diamond mine and where the loss alleged exceeds USD 250 million.

    Botswana

    Advising Monarch Insurance on its disposal of a majority equity stake to Holmarcom

    Advising Monarch Insurance, a major Kenyan underwriter, on its disposal of a majority equity stake to Moroccan conglomerate, Holmarcom.

    Kenya

    Acting for various foreign insurers and reinsurers in South Africa

    Various foreign insurers and reinsurers on all aspects of establishing a presence (as a licence insurer or as a branch of a foreign reinsurer) in South Africa, including drafting the first bespoke application form for approval to operate as a branch.

    South Africa

    Total loss of a jackup drilling rig “PERRO NEGRO 6”

    Advising insurers on P&I coverage arising out of the capsize and total loss of a jackup drilling rig “PERRO NEGRO 6” offshore Angola.

    Angola

    Establishment of an insurtech offering

    Advising an insurer in relation to the establishment of its insurtech offering, including providing guidance in relation to the structure of the arrangements between the insurer and the technology partner appointed by it to create the Insurtech platform, drafting agreements between the parties to govern the arrangements between the parties and providing regulatory advice to ensure that all applicable laws (including data protection laws and insurance laws) are complied with throughout the...

    South Africa

    Yemenia Airways flight 626 accident

    Advising insurers in respect of over 2500 passenger claims following Yemenia Airways Airbus accident on approach to runway, causing one fatality.

    Comoros

    Axis Capital (UK)

    Advising Axis Capital (UK) in relation to claims handling procedures in Kenya.

    Kenya

    Advising a large insurance services provider in the UK

    Advising a large insurance services provider in the UK on the Kenyan legal position on the effect of late notification on a reinsurance contract in a claim of over USD 3 Million.

    Kenya
  • Nepal Airlines chartered flight crash

    Advising insurers in respect of the chartered flight to Jomsom from Pokhara which crashed on the banks of Kaligandaki river near the airport after it skidded off the runway while making a turn.

    Nepal

    Berkshire Hathaway Speciality Insurance Company on its establishment of insurance operations

    Advising Berkshire Hathaway Speciality Insurance Company on its establishment of insurance operations in Australia, including in relation insurance authorisation and financial services licencing, outsourcing and distribution arrangements, corporate and operational establishment, and staffing and resources

    Australia

    CUNA Mutual Insurance on the sale of its Australian life and general insurance operations

    Advising CUNA Mutual Insurance on the sale of its Australian life and general insurance operations, a share sale transaction which involved extensive analysis and advice on the transfer of insurance operations, distribution arrangements and in relation to outsourcing agreements

    Australia

    St. George Bank on a life insurance joint venture/business partner arrangement with AIG Life

    Acting for St. George Bank on the negotiation and structuring of a life insurance joint venture/business partner arrangement with AIG Life, including in relation to the negotiation, documentation, structuring and obtaining of regulatory approvals

    Australia

    Chubb on the merger and integration of the ACE and Chubb businesses

    Advising the Chubb group on the merger and integration of the ACE and Chubb businesses in Australia, involving regulatory approvals, portfolio transfer and management of other operational issues (including the migration of staff, claims handling and underwriting systems and processes)

    Australia

    Large claim for double insurance against contracts work insurer

    Acting for the industrial special risks insurer in a mining project in respect of a large claim for double insurance against the contracts work insurer

    Australia

    Federal Court of Australia proceedings

    Acting for the insurers of a large consulting engineering firm in relation to Federal Court of Australia proceedings which alleged they were responsible for the collapse of underground mine workings

    Australia

    Defense of structural engineers

    Defending structural engineers alleged to have failed to take account of hydrostatic pressure calculations in designing a landmark luxury harbour-side apartment complex

    Australia

    Negligence claims in relation to various projects

    Acting for an engineer defending negligence claims in relation to various projects, including the allegedly negligent design of tunnels, roads and bridges

    Australia

    Australian insurance regulatory issues

    Providing extensive advice on Australian insurance regulatory issues including assisting with the establishment of insurance operations and on reinsurance collateral arrangements

    Australia
  • Liabilities claim at Brazilian hydroelectric power plant

    Advising a panel of international reinsurers on their liabilities arising from strike and riot in a hydroelectric power plant in Brazil, with a stated claim of BRL 1.5 billion

    Brazil

    Dispute concerning an all-risk insurance policy for a hydro-electric project

    Advising six co-insurers and thirty co-reinsurers in relation to a complex multi-jurisdictional dispute, involving court proceedings in the UK and Brazil, in addition to arbitrations under ARIAS and LCIA rules.

    Brazil

    Floating unit collision USD 20 million claim

    Acting for an insurer in relation to the P-XXV case involving a USD 20 million claim by a Brazilian insured for loss and damage following the collision of a floating unit

    Brazil

    Political risk cover for zinc and lead mines in South America

    Advising a bank on political risk cover for investments in lead and zinc mines in South America

    Brazil

    Coverage for a defective SAG mill

    Acting for reinsurers on a large mining loss arising out of a defective SAG mill, including litigation in the English Commercial Court.

    Chile

    Large-scale reinsurance dispute

    Representing forty four London market reinsurers in a nine-figure reinsurance dispute.

    Colombia

    Disruption to supplies of electricity claim

    Advising insurers in respect of a claim following disruption to supplies of electricity to the central grid in Colombia.

    Colombia

    Coverage arbitration following the delayed start-up of a transnational oil pipeline

    Successfully defending insurers in a USD 78 million coverage arbitration concerning a delay in start up cover for a 600 km oil pipeline.

    Ecuador

    Swine flu outbreak business interuption claims

    Advised insurers of a restaurant chain with more than 400 restaurants in Mexico on business interuption claims after a swine flu outbreak under denial of access and government authority clauses including aggregation issues

    Mexico

    Multi-million USD claim alleging negligent design

    Advice in relation to a USD 300 million plus claim against a global design and engineering company relating to the alleged negligent design of a hydro-electric facility in Panama (with claims in multiple jurisdictions including the United Kingdom, Sweden and the United States)

    Panama
  • Advising a leading reinsurer

    Advising a leading reinsurer with respect to its potential liabilities in Egypt under a trade credit insurance policy.

    Egypt

    PD, BI and Political violence following pipeline explosion

    Defending PD, BI and Political Violence reinsurers in relation to proceedings brought in Egypt following terrorist explosions on a major international gas export pipeline.

    Egypt

    Gig-Egypt

    Advising Gig-Egypt on the transaction to acquire 100% of AIG Egypt through a mandatory tender offer.

    Egypt

    USD 147 million acquisition in the GCC

    Advising RSA on its USD 147 million acquisition of Al Ahlia Insurance Company of Oman, creating Oman’s largest insurance company by premium income. This was the first major insurance acquisition in the GCC in recent years

    Oman

    Implementing regulations

    Advising QFCRA on the draft implementing regulations for the insurance sector to be issued by the Qatar Central Bank pursuant to the QCB Law; including undertaking an extensive benchmarking exercise against the insurance laws and regulations of the GCC.

    Qatar

    Capsize of the offshore vessel Demas Victory

    Acting for insurers in relation to the “Demas Victory”, an offshore supply vessel, which capsized inbound to Qatar resulting in 30 deaths and ensuing criminal and civil proceedings, insurance and blood money issues

    Qatar

    Material damage from highway construction failure

    Advising reinsurers in a GBP 200 million material damage claim being brought in the courts of Qatar, arising from the failure of a newly constructed highway.

    Qatar

    SAMA insurance regime

    Advising insurance interests on the SAMA insurance regime and establishing operations in Saudi Arabia.

    Saudi Arabia

    Data Protection issues arising out of outsourcing arrangements

    Advising two international health insurers on the data protection issues arising in the context of their outsourcing arrangements with their Saudi joint ventures

    Saudi Arabia

    Business interruption claim at Saudi petrochemical complex

    Acting for liability insurers of a power plant in Saudi Arabia which suffered 3 power outages and allegedly caused substantial property damage and related losses at a very large petrochemical complex on the Red Sea.

    Saudi Arabia
  • Acquisition of Europe's largest aluminium smelter

    Advising Liberty House Group, the industrial arm of the GFG Alliance, on its purchase of Aluminium Dunkerque, Europe's largest aluminium smelter from Rio Tinto for US$500,000,000.

    United States

    Acklins Blue Cessna 402 crash

    Advising insurers regarding the Cessna 402 aircraft accident which crashed into Lake Killarney shortly after take-off from Nassau-Lynden Pindling International Airport (NAS), Bahamas on a flight to San Salvador causing multiple fatalities.

    Bahamas

    Reorganisation using Part VII transfers

    Advising The Standard Club on the reorganisation of their Bermudian and various UK underwriting entities into one entity using Part VII transfers

    Bermuda

    CNA acquisition of Hardy Underwriting Bermuda Limited

    Advising CNA Financial Corporation on its GBP 143 million acquisition of Hardy Underwriting Bermuda Limited

    Bermuda

    Enstar Acquisition of Torus

    Advising Enstar Group on their USD 692 million acquisition of specialty insurer Torus

    Bermuda

    Substantive Bermuda Form matters for reinsurers

    Acting for reinsurers in the first case on substantive Bermuda Form matters to come before the English Courts, AZICO v. XL and ACE ([2013] EWCA Civ 1660)

    Bermuda

    Successfully defending the Dispute Clause in an export credit insurer's accounts receivable policy

    Successfully defending the Dispute Clause in a large export credit insurer's accounts receivable (shipments) policy for the fifth time before Canadian courts, including favourable decisions of both the Quebec and the Ontario Courts of Appeal.

    Canada

    Settling a CAD 130 million class action

    Acting for an accountants practice in successfully settling a CAD 130 million class action brought by investors in Canada

    Canada

    Claims & counterclaims over defective products and contractual damages

    Advising underwriters in relation to Canadian litigation where a counterclaim has recently been received, arguing that the product supplied by the insured was defective and thus raising a defence to their claim for contractual damages.

    Canada

    Multi-jurisdictional class action securities claims advice

    Advising Canadian, London market and US insurers with respect to coverage for class action securities claims asserted under newly-sanctioned secondary market class action securities laws in Canada

    Canada
  • Art damage in storage and recovery of losses

    Assisting in the recovery of losses incurred by the owner of works by a leading 20th century painter, sculptor, print-maker and ceramicist following damage caused to a number of works stored by a well-known art packer and shipper

    Belgium

    Advising underwriters over contaminated babies' milk

    Advising underwriters in relation to the contamination of baby milk in Denmark. Our team is advising on coverage and liability with the assistance of Danish agents.

    Denmark

    Finnish OP-Pohjola acquisition of Skandia

    Advising Finnish insurer OP-Pohjola on its EUR 1.3 billion acquisition of the Finnish business of Skandia

    Finland

    Insurance coverage for PIP implants

    Representing a product liability insurer of a chain of private hospitals specialising in providing cosmetic surgery, including breast implants, in regards to claims from patients who had been given the French-made PIP implants. These implants received extensive media coverage when it was discovered that they had been filled with non-medical-grade silicone, thought to be of a type used to make mattresses.

    France

    European distribution agreement and regulatory implications

    Advising a global insurer on its European-wide distribution agreement with a retail bank and the regulatory implications of that agreement

    France

    Caño Limon pipeline French reinsurance arbitration

    Advising on a USD 3 million reinsurance arbitration on the aggregation of losses arising out of terrorist attacks on the Caño Limon pipeline. The reinsurance contracts were subject to French law and arbitration and the case led to a court dispute and mediation in relation to the implication of the purported transfer of outwards run off reinsurance

    France

    Baqueira Beret serious skiing accident

    Serious accident of a French citizen whilst skiing in Baqueira Beret resulting in paraplegia. Proceedings instigated both in France and in Spain.

    France

    High voltage direct current connection outage and multi-jurisdictional damage claim

    Acting for UK and French insurers in relation to damage caused in both France and England due to an outage of the high voltage direct current connection between the UK and continental Europe. We faced complex issues in international law and the overlap of multiple contracts

    France

    The kidnapping of Shergar

    Advising on the kidnapping of the acclaimed Irish racehorse Shergar

    Ireland

    Subrogated recovery following major flood

    Acting for London insurers in respect of a subrogated recovery against a dam operator following a major flood in Europe.

    Ireland

Business Lines

Cyber

Cyber

Employment Practices Liability

Employment Practices Liability

Energy

Energy

Financial Institutions, Directors & Officers

Financial Institutions, Directors & Officers

Marine

Marine

Casualty

Casualty

Product Liability & Recall

Product Liability & Recall

Professional & Financial Disputes Claims Handling

Professional & Financial Disputes Claims Handling

Professional Indemnity

Professional Indemnity

Property

Property

Reinsurance

Reinsurance

Specialty

Specialty

Corporate Services

Aviation & Space

Aviation & Space

Corporate, Commercial and Compliance Insurance

Corporate, Commercial and Compliance Insurance

Corporate

Corporate

Commercial

Commercial

COVID-19 Business awareness hub

COVID-19 Business awareness hub

Dispute Resolution & International Arbitration

Dispute Resolution & International Arbitration

Employment, Pensions & Immigration

Employment, Pensions & Immigration

InsurTech

InsurTech

Regulatory & Investigations

Regulatory & Investigations

 

Key Contact

James Cooper
Partner, Global Head of Insurance 

James is the chair of the Global Insurance Practice Group and head of the Financial Institutions and D&O team.

James' practice focuses on all aspects of D&O and financial services and has extensive experience in acting for directors and officers and financial institutions on contentious matters in a number of jurisdictions. Much of this has involved arbitration and cross-border work with an international connection.

Contact James

    

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Our Insurance & Reinsurance team

James Cooper
James Cooper

Partner

David Méheut
David Méheut

Partner

Dr. Henning Schaloske
Dr. Henning Schaloske

Partner

Ignacio Figuerol
Ignacio Figuerol

Partner

Mark Beswetherick
Mark Beswetherick

Partner

Amelia Costa
Amelia Costa

Partner

Eileen King Bower
Eileen King Bower

Partner

Carolena Gordon
Carolena Gordon

Global Senior Partner and Chair of Global Management Board

Ricardo Lewandowski
Ricardo Lewandowski

Partner

Ian Roberts
Ian Roberts

Partner

Gloria Jones
Gloria Jones

Partner

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