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Marta Szwarczyńska

Associate

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English

Marta Szwarczyńska is an attorney-at-law and an Associate in the Financial Institutions and Services Group of CMS. 

She specialises in complex legal advice to entities from the financial services sector (including insurance companies and banks). Her expertise includes advising in the roll-out of innovative insurance products (such as cyber risk insurance), advising in the structuring of a cross-border project regarding direct selling by one of the insurance companies in a number of jurisdictions, advising on the impact of the recent CJEU rulling C-383/18 (Lexitor) on rebating fees in consumer credit agreements, advising entities from the real estate sector on legal aspects related to W&I and title insurance.

She has been involved in corporate transactions on the financial market, such as acquisitions, mergers and reorganisations. Marta has a particular and strong expertise in consumer protection issues. In particular, she provides advice on distance selling, as well as marketing and consumer credit. She has been involved in various proceedings concerning the use of abusive clauses, as well as in proceedings concerning practices that infringe collective consumer interests. 

She also deals with issues involving payment services and Fintech.

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Relevant experience

  • AWP P&C (Allianz group) – advising on a wide spectrum of issues relating to the insolvency of Neckermann (tour operator, belonging to the Thomas Cook group), to which AWP P&C issued an insurance guarantee securing the performance of the tour operator’s obligations towards its customers. The assistance included securing the client’s position in the insolvency proceedings and advising on triggering the insurance guarantee, as well as on particular clients’ claims.  
  • Unum Group – advising on the acquisition of Pramerica insurance company from Prudential Financial, Inc. The advice included both corporate and regulatory assistance (including communicating with and preparing a change of control application to the Polish Financial Supervision Authority). The advice also included other change-of-control aspects of the transactions (rebranding, IP, transitional services, etc.).
  • Various banks, insurers and other financial institutions (including Allianz, AXA,  Getin Noble Bank, PKO Życie, Wonga) - advising on various consumer protection issues, assistance in investigations initiated by the Polish consumer protection authority and in proceedings before this authority.
  • London-based reinsurer – comprehensive advice on terminating an obligatory reinsurance treaty covering an analysis of the temporal scope of the reinsurance agreement, including loss allocation clause, as well as a provisional notice of cancellation clause.
  • Reinsurance broker – legal advice concerning the possibility of a reinsurance activity being conducted in Poland by a reinsurer from a country not being in the European Union or the European Economic Area without a licence, on the basis of the concept of so-called reverse solicitation. 
  • Chubb - providing a wide spectrum of day-to-day legal support in relation to Chubb’s insurance products and its operations in Poland, including corporate and regulatory issues. 
  • London-based reinsurer – legal advice concerning issues involving the payment from a reinsurance agreement, covering (amongst others) an analysis of ‘follow-the-fortunes’ and ‘simultaneous settlement clause’ provisions. 
  • London-based insurance company – comprehensive legal advice concerning certain aspects of concluding reinsurance agreements in Poland, including the issue of risk location in the case of conclusion of a reinsurance agreement by a branch of a foreign insurance company. 
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Education

  • 2014 – Master of Laws, Jagiellonian University, Cracow.
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Memberships

  • Warsaw Bar Association of Attorneys-at-Law.
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Publications

  • 2019 - Withdrawal from a contract for insurance coverage concluded remotely. Forum Prawnicze, (2(52), 29 - 45, Szwarczyńska, M. 
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