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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
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    Carl Leermakers
    06/04/2016
    10 things every in­surer should know
    28/06/2017
    Sur­vey­ors PI: Lim­it­a­tion and Sum­mary Judg­ment in Lender­s' Claims 
    The judg­ment in Bridging Loans Lim­ited v Toombs is a wel­come de­cision for valu­ers in sup­port­ing the ad­op­tion of a ro­bust stance when faced with a lender’s over­valu­ation claim which has lim­it­a­tion is­sues.
    5/11/2013
    10 things every in­surer should know
    A guide to 23 jur­is­dic­tions in West­ern and East­ern...
    23/06/2017
    Brexit one year on: Fin­an­cial ser­vices
    Since the Brexit ref­er­en­dum, the UK’s fin­an­cial ser­vices sec­tor has moved re­l­at­ively quickly to close out the risks to its busi­ness and cli­ents. In stark con­trast there has been little, if any, pro­gress (des­pite much de­bate) in cla­ri­fy­ing what will hap­pen to.
    Iain Batty
    04/03/2009
    10 things every in­surer should know about Cent­ral and...
    23/06/2017
    Brexit one year on: Fin­an­cial ser­vices
    Since the Brexit ref­er­en­dum, the UK’s fin­an­cial ser­vices sec­tor has moved re­l­at­ively quickly to close out the risks to its busi­ness and cli­ents. In stark con­trast there has been little, if any, pro­gress (des­pite much de­bate) in cla­ri­fy­ing what will hap­pen to.
    24/05/2017
    Civil Li­ab­il­ity for Ja­pan­ese Knot­weed
    This is a sub­ject about which a judg­ment has been ex­pec­ted for some time. The two joined claims re­ferred to be­low do not in­volve sig­ni­fic­ant sums of money but for those own­ing, man­aging or in­sur­ing sig­ni­fic­ant port­fo­li­os of in­dus­tri­al, com­mer­cial or in­fra­struc­ture.
    16/05/2017
    Court re­fuses ap­plic­a­tion for pre-ac­tion dis­clos­ure of in­sur­ance policy
    Court re­fuses ap­plic­a­tion for pre-ac­tion dis­clos­ure of in­sur­ance policy The High Court has re­fused an ap­plic­a­tion for pre-ac­tion dis­clos­ure of the pub­lic li­ab­il­ity in­sur­ance policy of a com­pany that, if lit­ig­a­tion were pur­sued against it, was likely to be­come.
    12/05/2017
    In­sur­ing clauses in con­struc­tion con­tracts: Su­preme Court guid­ance
    A Su­preme Court de­cision is­sued earli­er this week has con­sid­er­able im­port­ance for the in­ter­pret­a­tion of in­sur­ing clauses in con­struc­tion con­tracts. In a split de­cision (3:2) the Su­preme Court has nar­rowly up­held a broad­er ap­proach to in­sur­ing clauses, mean­ing.
    04/05/2017
    In­sur­ance: stat­utory re­quire­ment to pay claims with­in reas­on­able time...
    For in­sur­ance and re­in­sur­ance con­tracts entered in­to from 4 May 2017, a new stat­utory re­quire­ment is to be im­plied that (re)in­surers must as­sess and pay val­id claims with­in a reas­on­able time.   Dam­ages may be awar­ded against in­surers found to be in breach.
    28/04/2017
    The ex­tent of an “in­form­a­tion duty” owed by a non-ad­vising bank to...
    Thomas and an­oth­er v Tri­od­os Bank NV [2017] EWHC 314 (QB) In a re­cent mis-selling case, the High Court has ex­amined the ex­tent of the duty of care which a bank owes to a fixed rate loan cus­tom­er in the course of a non-ad­vised sale.
    25/04/2017
    Su­preme Court over­turns rul­ing on as­sess­ment of dam­ages in ac­count­ant­s'...
    The Su­preme Court has ruled that, where loans made to a com­pany on the basis of a firm of ac­count­ants’ neg­li­gent due di­li­gence re­port had been re­paid by the com­pany us­ing money bor­rowed from the lender’s own­er, neither the lender nor its own­er could claim against.
    20/04/2017
    Pro­fes­sion­al Neg­li­gence: Su­preme Court de­cision in BPE So­li­cit­ors...
    The Su­preme Court provided im­port­ant cla­ri­fic­a­tion of SAAMCO last month in BPE So­li­cit­ors and an­oth­er v Hughes-Hol­land (in sub­sti­tu­tion for Gab­ri­el).   The is­sue on ap­peal was what dam­ages are re­cov­er­able in a case where (i) but for the neg­li­gence of a pro­fes­sion­al.
    10/04/2017
    In­sur­ance: High Court grants quash­ing or­der against FOS de­cision
    In Aviva Life & Pen­sions (UK) Lim­ited v Fin­an­cial Om­buds­man Ser­vices, the High Court re­cently up­held Aviva’s ap­plic­a­tion for ju­di­cial re­view of a de­cision of the Fin­an­cial Om­buds­man Ser­vice (FOS). The court re­it­er­ated that, al­though the FOS may de­part from.
    10/04/2017
    A mat­ter of dis­cre­tion: Scot­tish court's re­fus­al of post lim­it­a­tion...
    Sum­mary Scot­tish court re­fuses amend­ment of in­dus­tri­al dis­ease claim to change stat­utory basis for ac­tion after the ex­piry of lim­it­a­tion peri­od. The sug­ges­tion is that the same de­cision may not have been reached in the Eng­lish courts.
    28/03/2017
    On the road to autonom­ous vehicles
    Con­nec­ted and autonom­ous vehicle (“CAV”) tech­no­lo­gies are set to have a pro­found so­cial and eco­nom­ic im­pact world­wide and con­tin­ue to ac­cu­mu­late a great weight of ex­pect­a­tion. Ad­voc­ates ar­gue that CAV tech­no­lo­gies will im­prove road safety, ease con­ges­tion and.
    27/03/2017
    In­sur­ance: Su­preme Court rul­ing on ag­greg­a­tion
    The Su­preme Court has handed down the long awaited fi­nal de­cision in the case of AIG v Wood­man & oth­ers. The Su­preme Court was asked to con­sider the mean­ing of the phrase “re­lated mat­ters or trans­ac­tions” in the ag­greg­a­tion word­ing per­mit­ted in the Min­im­um.
    22/03/2017
    PI in­sur­ance: court dis­misses ap­plic­a­tion for ju­di­cial re­view of FOS...
    The High Court has dis­missed an ap­plic­a­tion for ju­di­cial re­view of a de­term­in­a­tion by the Fin­an­cial Om­buds­man Ser­vice. The Om­buds­man had been en­titled to find that, al­though an in­vest­ment man­ager’s cli­ent was as­sessed as a me­di­um risk in­vestor and over­all the.