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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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    1 May 2017
    CMS, Nabarro and Olswang com­plete largest ever mer­ger...
    Cre­at­ing a new fu­ture-fa­cing firm
    16 Mar 20
    European in­sur­ance re­cov­ery and res­ol­u­tion frame­work now an in­ev­it­ab­il­ity
    For a long time, the in­sur­ance in­dustry has suc­cess­fully ral­lied against at­tempts to in­tro­duce a re­cov­ery and res­ol­u­tion re­gime sim­il­ar to the Bank Re­cov­ery and Res­ol­u­tion Dir­ect­ive (BRRD). However, EIOPA’s...
    17/07/2014
    Risk Mat­ters: In­sur­ance Sec­tor news­let­ter Sum­mer 2014
    High­light­ing top­ic­al is­sues for in­sur­ance sec­tor par­ti­cipants
    28 Feb 20
    UK/EU fin­an­cial ser­vices after Brexit -cross bor­der reg­u­la­tion after...
    On 25 Feb­ru­ary, the Coun­cil of the EU pub­lished the fi­nal ver­sion of its ne­go­ti­at­ing man­date and, two days later, the UK gov­ern­ment set out its ap­proach to our fu­ture re­la­tion­ship with the EU. Ne­go­ti­ations...
    18/02/2014
    Cor­por­ate Talk: Is­sue 2 - Feb­ru­ary 2014
    What's hap­pen­ing in the mar­ket
    28 Jan 20
    Avi­ation claims: Po­ten­tial chal­lenge to concept of ac­ci­dent in the...
    A re­cent Court of Justice of the European Uni­on (CJEU) de­cision in Decem­ber 2019 may give scope to chal­lenge the defin­i­tion and concept of the term “ac­ci­dent” with­in Chapter III - Art­icle 17 (1) of...
    5/11/2013
    In­sur­ance: Cov­er­age de­fences in Europe
    17 Jan 20
    CJEU rules in­surers li­able for not in­form­ing life in­sur­ance policy...
    The European Court of Justice (CJEU) was re­cently asked to rule on the EU­'s Solvency II Dir­ect­ive (and all earli­er le­gis­la­tions reg­u­lat­ing life in­sur­ance) re­gard­ing the can­cel­la­tion rights of in­sur­ance...
    30/06/2010
    10 Things Every In­surer Should Know about West­ern Europe
    23 Dec 19
    A new EU op­er­a­tion­al re­si­li­ence frame­work for cy­ber se­cur­ity?
    Our re­cent Law-Now art­icle dis­cussed the FCA, PRA and Bank of Eng­land con­sulta­tions on im­prov­ing fin­an­cial sta­bil­ity in the UK mar­kets through op­er­a­tion­al re­si­li­ence. Con­tinu­ing this theme, but now from...
    05 Nov 19
    Whis­tleblow­ing Dir­ect­ive ad­op­ted by the EU Coun­cil
    On 7 Oc­to­ber 2019, the EU Coun­cil ap­proved the word­ing of the "Dir­ect­ive of the European Par­lia­ment and of the Coun­cil on the pro­tec­tion of per­sons who re­port breaches of Uni­on law", also known as the...
    24 Apr 19
    Bel­gian reg­u­lat­ory frame­work for MGAs now in force
    On 21 Novem­ber 2018 and 7 March 2019, we is­sued news­let­ters (re­spect­ively avail­able here and here) re­gard­ing the Bel­gian pro­pos­al to cre­ate a new reg­u­lat­ory frame­work for man­aging gen­er­al agents (“MGAs”)...