Insurance & Reinsurance
Insurers and reinsurers need to adapt their business activities and their organisational structures to reflect current developments. This applies not only to established insurers, but also to new market players such as insurtechs.
The challenges facing the insurance industry are numerous and the impact on companies and decision-makers can vary widely:
- Regulatory requirements such as Solvency II and IDD
- Socio-political influences, such as the EU Taxonomy Regulation and ESG, sanctions and embargoes
- Technical developments and opportunities such as digitalisation, artificial intelligence, clouds, new distribution channels, cyber-risks
- Low interest rates and demographic change, e.g. run-off of life insurance policies, funding of occupational pension schemes and pension funds
We are viewed in the market as a leading firm when it comes to advising the insurance industry. This applies to our insurance contract and coverage law work advising and representing primary insurers and reinsurers in insurance cases in various lines of business, as well as to company-related issues on topics such as insurance supervisory law, compliance, M&A and capital markets law, IT outsourcing or competition and antitrust law. Our advisors have in-depth industry knowledge, and we believe that through our integrated advisory approach, where client-focused advice from integrated teams is a matter of course, we can deliver real added value. With more than 20 years of experience in the insurance industry, we are your partner for the challenges of today and tomorrow.
Our services
Our experts in insurance and reinsurance law provide efficient, entrepreneurial, results-oriented and innovative advice, especially in complex situations. We advise clients in the following areas:
Insurance regulatory law
- Checking whether business models require licences, coordinating with national and EU regulators
- Advising clients on setting up and licensing new market players (EU and non-EU), supporting the licensing procedure with BaFin
- Advising direct insurers and reinsurers on ongoing regulatory requirements, especially Solvency II, IDD, MaGO, EU Taxonomy Regulation, ESG, sanctions and embargo law, anti-money laundering law and antitrust law
- Regulatory advice in connection with developing and designing innovative insurance products such as telematics insurance
- Advising on long-established and innovative distribution structures including cooperation with companies from other industries and digital distribution channels
- Advising pension schemes and pension funds on requirements of insurance regulatory law including on portfolio transfers, restructuring and dissolution of a pension scheme
- Legal advice to occupational pension institutions on changes to the contribution and benefit structure
Transactions/M&A
- Purchase, sale and joint ventures by direct insurers and reinsurers
- Transfer of insurance and reinsurance portfolios
- Exit strategies in the run-off sector and in restructuring initiatives of insurance groups
- Structuring private equity transactions, including the underlying funding
- Managing the implementation of international acquisitions and sales of stakes
- Requirements for capital investments by and in insurance companies, including taking into account sustainability risks, ESG
- Advising on structuring W&I insurance in connection with corporate transactions
Compliance
- Supporting with the development and implementation of compliance management systems, especially producing internal compliance guidelines and advising on the implementation of effective internal information and reporting systems
- Advising on the ongoing review and monitoring of compliance systems at individual and group level
- Carrying out compliance risk analysis, including support in compiling the annual compliance report
- Providing advice in connection with compliance incidents, especially conducting and supporting with internal investigations
Antitrust and competition
- Supporting with merger control analysis and on issues of a market-dominant position
- Advising on penalty payments and/or fines due to accusations of participating in cartel agreements
- Supporting in connection with antitrust investigations
Insurance law litigation
- Monitoring counsel: Advising on liability and coverage law when settling national and international claims
- Defence counsel: Defending against liability claims against insured parties; in particular, liability of managing directors and members of the management and supervisory boards (cyber, D&O, E&O and PI insurance)
- Coverage counsel: Representing clients in coverage litigation and in proceedings for recourse in court and arbitration tribunals
Insurance products
- Advising on developing and drafting complex insurance policies (including across divisions)
- Supporting with drafting and optimising insurance T&C
- Advising on contract drafting options in international insurance programmes and insurance for export risks
- Advising on developing new insurance products (e.g. cyber, D&O, E&O insurance, product liability insurance, insurance for damage caused by breach of contract, credit insurance, W&I insurance)
- Advising on liability of companies, executives and employees in the context of insurable risks (cyber, D&O, E&O and PI insurance)
Selected projects
- LVM Versicherung
Advising the insurance company on the sale of the securities business of Augsburger Aktienbank to ebase (value €17 billion) and on the equipment leading division of Augsburger Aktienbank AG to PEAC (Germany) GmbH - Debeka
Advising the insurance company on renewing core insurance systems and providing strategic support on awarding contracts for IT systems - Allianz
Assisting Allianz in an international outsourcing project in Central and Eastern Europe and advising on restructuring the IT landscape and integrating AGIS with an external outsourcing service provider, advising on alternative investments - National and international insurance groups
Advising on the merger control law and antitrust law aspects of national and international transactions, fine proceedings and antitrust damages proceedings and conducting dawn raid training - Talanx
Providing the insurance group with wide-ranging advice on next-generation IT sourcing to IBM and implementing a flexible and hybrid cloud environment in the form of an SaaS model - SV Sparkassen Versicherung
Advising on structuring and setting up Luxembourg-based fund platforms for private equity and real estate - German pension scheme of a DAX 30 group
Advising on the transfer of insurance assets, insurance regulation and company, employment and tax law matters - Insurance group
Advising on capital markets law and insurance regulatory law and designing a subordinate bond to create tier 1 equity - Generali
Advising on the reorganisation in connection with the sale of the German life insurance business to Viridium Group - German D&O insurer
Providing long-standing advice to the client on numerous (D&O) claims, advising on coverage and liability matters and representing it in litigation regarding financial losses and insurance claims
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“Highly competent, trustworthy and rigorous all-round support in negotiations from start to finish, with great powers of persuasion and assertiveness toward negotiating partner, i.e. planning, contract drafting, conducting negotiations, coordination, advice and evaluation from a single source. The lawyers are always available and work extremely quickly.”
Client in Legal 500, 2022Insights
“Very business-oriented, with a good understanding of commercial connections.”
Client in Chambers, 2020
Well
informed
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