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Insurance

United Kingdom

A persistently soft market is one of the few predictable elements of working in the global (re)insurance industry. Most brokers, carriers, captives and corporate risk managers have been influenced by falling prices, and with few signs of a correction, companies must innovate, cut costs, seek out merger and partnership opportunities and do more with less.

Despite intense competition, (re)insurance is a magnet for new capital keen to take advantage of the stable returns offered by an established, highly regulated industry.

Long-term advisors to companies in the market, CMS’ award-winning Insurance & Reinsurance Group has adapted to support the requirements of an industry in a constant state of change.

While CMS is a historic market leader in (re)insurance dispute resolution and policy wordings, our teams also deliver a suite of specialisms that meet the needs of insurance and risk management professionals spanning every conceivable business objective.

The firm provides unique expertise in corporate advice on mergers and acquisitions, employment law to support brokers or insurers with a team or key personnel issue, property advice, structured finance and regulatory and compliance.

The CMS Insurance Practice has worked within the insurance and reinsurance markets for over half a century, supporting both carriers and intermediaries in the UK, Europe and beyond. Our long-term involvement in the sector means that we can support clients to make the most of these new opportunities and we understand the issues businesses are facing today.

Many of our lawyers have worked in the insurance sector, which means we understand the complexities of your markets. Wherever you require guidance, our multi-disciplinary specialists can help you.

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They offer so much knowledge of the market as well as being really helpful, giving commercial insight that adds real value.

Chambers UK, 2016

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    Insurance Corporate

    2015 saw in excess of USD 100bn in merger and acquisition activity across the global (re)insurance sector, with the expectation of more to come. The successful execution of corporate transactions in the insurance market requires corporate lawyers who understand the insurance sector, its unique risks and how they can be mitigated in a pragmatic and cost-effective manner.

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    Insurance Regulatory

    Resilient since the financial crisis, the insurance sector has not escaped the regulator’s tougher, more intrusive stance. Insurers must wrestle with UK reforms such as the new Senior Insurance Managers’ Regime, whilst coping with the operational realities of the Solvency II prudential rules and the rest of the EU agenda. Long-standing concerns face the industry, including those about the role of delegated authorities and the risks in outsourcing. In personal lines, responsibility for product design and governance is a key risk for both intermediaries and insurers.

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    Life Assurance

    The commercial, economic and regulatory environment for the life assurance industry has never been more challenging. Technology, historically low interest rates, increasing longevity, and the introduction of Solvency II are driving ever greater focus on risk and capital management, asset allocation and investment strategies, and achieving competitive advantage through new product development and distribution.

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    Policy Wording & Claims

    The global (re)insurance industry has more contracts in place, containing more nuanced information than its underwriters, brokers, captives and buyers could ever hope to read. Meanwhile, regulators are demanding clarity on the market’s exposures to emerging risks such as cyber and terrorism and a well-publicised tendency towards relaxing terms and conditions has increased this risk considerably.

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    Law-Now: In­sur­ance
    Vis­it Law-Now for leg­al know-how and com­ment­ary

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    Iain Batty
    04/03/2009
    10 things every in­surer should know about Cent­ral and...
    19/08/2019
    Brexit news for fin­an­cial ser­vices firms - from 3 Au­gust 2019 to 16...
    1. HOC: Brexit and fin­an­cial ser­vices HoC has up­dated its Lib­rary brief­ing pa­per which con­siders equi­val­ence and the po­ten­tial im­pact of no-deal Brexit on the sec­tor. The pa­per high­lights that if the Fin­an­cial Ser­vices (Im­ple­ment­a­tion of Le­gis­la­tion) Bill.
    07/08/2019
    IFA PI: s.39 FSMA and the scope of a Prin­cip­al’s li­ab­il­ity when ARs...
    The Court of Ap­peal has up­held the de­cision that the Prin­cip­al was not li­able for the acts of an AR for which the Prin­cip­al had not ac­cep­ted re­spons­ib­il­ity. The claims against the Prin­cip­al firm arose from the in­vest­ment ad­vice of one of the Prin­cip­al’s Ap­poin­ted.
    23/07/2019
    Sent hame­ward tae think again - High Court in Eng­land has jur­is­dic­tion...
    Should where you are phys­ic­ally work­ing de­cide where the law says ser­vices are be­ing per­formed? In a claim brought in the High Court in Eng­land, a Scot­tish law firm sought a rul­ing that the courts of Eng­land and Wales did not have jur­is­dic­tion to de­term­ine.
    11/07/2019
    Avi­ation: “ex­traordin­ary cir­cum­stances” with­in the Flight Pas­sen­ger...
    In Moens v Ry­anair Ltd, a Bel­gian Ma­gis­trate’s Court asked the Court of Justice of the European Uni­on (CJEU) to give a pre­lim­in­ary rul­ing on the mean­ing of “ex­traordin­ary cir­cum­stances” in the Flight Pas­sen­ger Rights Reg­u­la­tion (EC261/2004).
    04/07/2019
    Li­ab­il­ity and the risks of sup­ply chain
    Re­cent news stor­ies in the UK have once again raised con­cerns over large sup­ply chains and food safety stand­ards. In June, it was re­por­ted that traces of lis­teria bac­teri­um were dis­covered in pre-pack­aged sand­wiches at eight dif­fer­ent NHS hos­pit­als around the.
    03/07/2019
    Avi­ation: con­struc­tion of ex­clus­ive jur­is­dic­tion clause in de­clar­at­ory...
    The Court of Ap­peal re­cently provided a use­ful guide to the con­struc­tion of an ex­clus­ive jur­is­dic­tion clause with­in a series of con­tracts for the pur­chase of an air­craft. It up­held a claim for breach of the clause in re­spect of for­eign pro­ceed­ings brought by.
    03/07/2019
    Dam­aged bey­ond re­pair? Su­preme Court cla­ri­fies test for con­struct­ive...
    The Su­preme Court has giv­en wel­come clar­ity on the types (and tim­ing) of costs in­curred in re­la­tion to a dam­aged ship which may be con­sidered when as­sess­ing wheth­er the ves­sel was a con­struct­ive total loss.
    20/06/2019
    One small step for in­sur­ance: the Space In­dustry Act 2018 and Gov­ern­ment...
    One ob­ject­ive of the Gov­ern­ment’s In­dus­tri­al Strategy is for the UK to in­crease its share of the com­mer­cial space­flight mar­ket. As part of this policy, the Space In­sur­ance Act 2018 (SIA) was en­acted to es­tab­lish a reg­u­lat­ory frame­work that would en­able space­flight.
    18/06/2019
    Is an in­tel­li­gent AI tool right for your busi­ness?
    The Na­tion­al Cy­ber Se­cur­ity Centre has re­cently re­leased guid­ance on as­sess­ing in­tel­li­gent tools for cy­ber se­cur­ity (avail­able here). This guid­ance provides a valu­able op­por­tun­ity for busi­nesses of any size to re­flect on how they should (or equally, should.
    29/05/2019
    In­sur­ance: as­sess­ment of dam­ages in prop­erty dam­age policies
    The High Court has ordered in­surers to in­dem­ni­fy an in­sured for a prop­erty dam­age claim for build­ing, plant and ma­chinery des­troyed in a fire on a re­in­state­ment basis, as op­posed to mar­ket value basis, des­pite no steps hav­ing been taken as yet to re-in­state.
    28/05/2019
    D&O In­sur­ance: Anti-suit in­junc­tion gran­ted to sup­press US-is­sued...
    The Com­mer­cial Court has gran­ted an ap­plic­a­tion by a D&O in­surer for an anti-suit in­junc­tion against an in­di­vidu­al claim­ing to be an in­sured un­der the D&O policy. The de­fend­ant ‘in­sured’ (who him­self was fa­cing a claim for cur­rency ma­nip­u­la­tion and col­lu­sion).