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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
Law-Now: In­sur­ance
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28 April 2021
Su­preme Court con­siders mean­ing of 'delib­er­ate act' in pub­lic li­ab­il­ity...
The Su­preme Court has con­sidered the mean­ing of the phrase ‘de­lib­er­ate acts’ in an ex­clu­sion clause in a pub­lic li­ab­il­ity in­sur­ance policy in the case of Bur­nett or Grant v In­ter­na­tion­al In­sur­ance...
20 April 2021
In­sur­ance in­ter­me­di­ar­ies: con­tinu­ing duty to re­mit funds
The re­cent case of Equitas Ltd v Sande In­vest­ments Ltd con­sidered what du­ties are owed by an en­tity, that may not be a full Lloy­d's broker, but that car­ries out the same mar­ket activ­it­ies as a broker...
16 April 2021
In­dus­tri­al dis­ease claims: lim­it­a­tion and claimant’s date of know­ledge 
The Lim­it­a­tion Act 1980 states that a claim must be made with­in three years of the date of know­ledge and that date of know­ledge is the date on which the claimant first had know­ledge that his in­jury was...
15 April 2021
CMS Mari­time Over­view
Against the back­drop of an in­cred­ibly chal­len­ging year for the glob­al mari­time in­dustry this pub­lic­a­tion from our CMS Ship­ping team ex­am­ines a num­ber of key as­pects of the ship­ping in­dustry pushed in­to...
15 April 2021
Avi­ation claims: com­pens­a­tion pay­able for flight can­cel­la­tion due to pi­lot’s...
“The con­sumer’s right to com­pens­a­tion un­der the Reg­u­la­tion can­not de­pend on when and where the mem­ber of staff ate the sus­pect prawn sand­wich” – Coulson LJ, Lipt­on v BA City Fly­er Ltd [2021] EW­CA...
12 April 2021
EU Di­git­al Ser­vices Act gives new leg­al frame­work for plat­form eco­nomy
The European Com­mis­sion has is­sued the draft pro­pos­al for the Reg­u­la­tion on a Single Mar­ket for Di­git­al Ser­vices (Di­git­al Ser­vices Act or DSA), which cre­ates a new leg­al frame­work for di­git­al ser­vices...
08 April 2021
Loc­al au­thor­ity not vi­cari­ously li­able for a cor­por­ate sub-con­tract­or to...
The High Court has held that a loc­al au­thor­ity was not vi­cari­ously li­able for ab­use com­mit­ted by an em­ploy­ee of a private chil­dren’s home run by an in­de­pend­ent cor­por­ate sub-con­tract­or. The court also...
08 April 2021
Pack­age hol­i­day op­er­at­ors may be li­able for the crim­in­al acts of hotel...
The Court of Justice of the European Uni­on has handed down its much-awaited judg­ment in X v Kuoni Travel Ltd C-578/19 on the cir­cum­stances in which pack­age hol­i­day op­er­at­ors can be li­able for the ac­tions...
06 April 2021
Per­son­al in­jury: con­ceal­ing pre­vi­ous med­ic­al his­tory can amount to fun­da­ment­al...
A lit­ig­ant in per­son has had her claim dis­missed after con­ceal­ing a lengthy pre­vi­ous med­ic­al his­tory and was found to have been fun­da­ment­ally dis­hon­est. Back­ground In Smith v Haringey Lon­don Bor­ough Coun­cil...
30 March 2021
The law of tort does not stand still: Be­gum v Maran (UK) Lim­ited
The Court of Ap­peal re­af­firmed that there was an ar­gu­able case for the Eng­lish former own­ers of a ship to an­swer in re­fus­ing to strike out the claim of a Banglade­shi wid­ow whose hus­band had been killed...
26 March 2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...
23 March 2021
Pro­tect­ing Sur­vey­ors Bul­let­in 5: new RICS Guid­ance Note on EWS1 Forms
In the latest in our Pro­tect­ing Sur­vey­ors series, we look at the new RICS Guid­ance Note on the Valu­ation of Prop­er­ties in Multi-Storey, Multi-Oc­cu­pancy Res­id­en­tial Build­ings with Clad­ding which was pub­lished...