Insurance & Reinsurance
Our insurance practice is unrivalled in its ability to provide our insurer clients with a full range of services, always at the highest level. We work extensively with both primary insurers and reinsurers, assisting them in their transactions, as well as in the handling of their claims. We are involved from the beginning with drafting of business plans in order to obtain licences, and continue to assist with claims handling throughout, including during the run-off period up until the withdrawal of the relevant licence.
We advise our clients as to all aspects of the insurance industry. Our services include:
- Establishment of insurance companies, branches and captives
- Structuring of solutions for complex risks and drafting of insurance contracts and policy wordings as well as general conditions of insurance
- Structuring of international insurance programmes
- Legal advice concerning the sale or distribution of insurance products
- Helping our clients with regulatory issues
- Defending third party claims against the assureds of our insurer clients (especially in D&O, E&O and professional indemnity)
- Claims advisory and handling, as well as recovery actions
- Run-off services and portfolio transfer
We are a recommended law firm in the latest edition of The Legal 500 and Who's Who Legal in this practice area.
Reinsurance dispute
Representing an international reinsurance company in a dispute with a foreign life insurer (financial reinsurance)
Product liability/importer of orthopaedic joint replacements
Representing an importer of orthopaedic joint replacements in defense of liability claims in state court proceedings
Product liability/agrochemical group/coverage dispute
Representing the branch office of a foreign insurer in arbitration proceedings (Swiss Rules), defense against coverage claims of a Swiss agrochemical group
Professional liability of a medical doctor
Representing the medical doctor in the defense against recourse claims of a social health insurer
Surety insurance
Supporting the branch office of a foreign surety insurer in the handling of claims with Swiss clients (payment of security, recourse)
Recourse for a transport insurer
Execution of several recourse claims for transport damages for an internationally active transport insurer.
Data protection & Policy Wording
Supporting an insurance company in revising the data protection clauses in the insurance terms and conditions.
Train accident
For the public liability insurance, we handle a serious personal injury that occurred when a train entered the policyholder's premises.
Ski accidents
On behalf of two liability insurers, we have settled claims of injured parties and social insurers arising from skiing accidents in and out of court.
Data protection & new insurance product
Data protection law advice to an insurance company on the launch of a new insurance product for consumers.
Lawyer’s professional liability
Defending a lawyer against a professional liability claim brought by a former client in state court proceedings.
Third-party liability multinational coverage dispute
We successfully represented a Swiss insurer in a large multinational third-party liability coverage dispute arising from the selling of genetically modified corn in the US.
Cyber insurance
Advising the insurer against its insureds arising from cyber attacks against a watch manufacturer and a bank.
Cargo insurance
Advising cargo insurers in a coverage dispute arising from alleged water contamination of the insured bulk cargo fuel oil.
Third party product liability insurance with US and UK exposure
Representing insurers in a coverage dispute against the manufacturer of chemical products being sold in the US and the UK.
Event cancellation insurance and COVID-19
Representing the insurer against the policyholder in a coverage dispute arising from cancelled fairs.
D&O, FIPI and Crime Insurance dispute
Acting as coverage counsel for insurers in various insurance matters against private banks arising from the alleged payments of retrocessions.
Third-party liability multinational coverage dispute
Representing various insurers in a large multinational third-party liability coverage dispute arising from the selling of herbicides in the US.
Reinsurance dispute arising from COVID-19
Advising a group of reinsurers under various property treaties in relation to business interruption.
Release from supervision
We fully ran off all remaining claims of a Swiss licenced insurer and closed thereafter the company. This is one of the very few successful cases in Switzerland.
Credit insurance
Advising credit insurers in a complex leasing structure in connection with aircraft non-payment insurance policies.
Business interruption damages arising from COVID-19
Defending the Swiss branch of a foreign insurer in a state court proceeding against a coverage claim brought by a company active in the food-sector.
usiness interruption damages arising from COVID-19
Defending the Swiss branch of a foreign insurer in arbitration proceedings against a coverage claim brought by a multi-national company active in the aviation industry.
Business interruption damages arising from COVID-19
Defending a Swiss property insurer in a state court proceeding against a coverage claim brought by a hotel owner.
Master international liability insurance policy
Advising insurers against its insured, a designer and manufacturer of pumps, in connection with various liability disputes in the US.
D&O Insurance coverage matter
Acting for the D&O insurer against its policyholder in a coverage dispute arising from the alleged wrongful investing of the company’s assets.
Business interruption insurance arising from COVID-19
Defending the interests of a property insurer before the Commercial Court of the Canton of Zurich against hotel owners trying to challenge the pandemic exclusion clauses.
Insurance carrier professional liability insurance
Representing a Swiss insurer in a large professional liability insurance matter arising from alleged bad faith conduct in the US against one of its insureds.
Business interruption damages arising from COVID-19
Defending a Swiss property insurer in a state court proceeding against a coverage claim brought by a nursery home.
Aircraft Insurance Claim
Advice to an aviation insurer on denial of coverage due to illegal aircraft operation.
Review of general terms and conditions / VVG revision
Advising Swiss and foreign insurers on the revision of their general terms and conditions in view of the entry into force of the revised Swiss Insurance Contract Act (1 January 2022)
Fire damage / international pharmaceutical company
Advising an international pharmaceutical group on the enforcement of claims for damages arising from a fire on the company's premises (property damage/loss of earnings)
Claims Handling / COVID-19
Claims handling of business interruption losses for Swiss and foreign insurers
Reinsurance dispute / COVID-19
Advising and representing a Swiss reinsurance company on coverage and loss aggregation issues related to COVID-19
Business interruption insurance / COVID-19
Representation of a Swiss insurance company in coverage dispute regarding business interruption losses in connection with COVID-19
Piracy
Advising hull & machinery war risks insurers in relation to a piracy event occurring on a Swiss vessel off the coast of Nigeria in 2018.
PI Insurance, medical doctors and lawyers
Claims handling in Switzerland for Lloyd's based insurers (medical doctors' professional liability insurance, lawyers’ professional liability insurance, D&O insurance)
Non-Admitted Business in Switzerland
We advised a large US based health insurer on the admissibility of cross-border non-admitted business in Switzerland.
Corporate Benefits Network
We advised a global benefits network on corporate and regulatory aspects of the distribution of insurance products in Switzerland.
Financial institutions professional indemnity insurance
Advising insurers in a coverage matter arising from claims brought by clients against its bank (the insured) in connection with the wrongdoings of external asset managers.
Restructuring of a Reinsurer
We advised a large French reinsurer on the restructuring of its European operations and subsequent regulatory filings.
Corporate Housekeeping
Through his involvement in the corporate housekeeping of all Swiss entities of a fortune 100 company, Dominik Skrobala disposes of considerable corporate law experience (incl. mergers, demergers and changes of legal form).
Corporate Health Insurance
We advised a foreign global health insurer regarding the licensing and setting up of a Swiss branch and the introduction of complex international private medical insurance corporate solutions to the Swiss market.
Restructuring and Portfolio Transfer
We advised a large US-based insurance corporation on the restructuring of its worldwide corporate structure, incl. the licensing of a new Swiss branch, subsequent portfolio transfers and the release of licensed companies from supervision.
Intermediary and distribution model
Advising a German car manufacturer on the development of an intermediary and distribution model for vehicle warranty insurance policies and the subsequent FINMA review
D&O insurance
Advising the D&O's of a multinational industrial company in liability and coverage issues in a hostile takeovers attempt
D&O coverage dispute, arbitration
Representing two international insurance companies in a directors’ and officers’ liability insurance coverage dispute (arbitration proceedings in accordance with the Swiss Rules of International Arbitration)
Swiss Financial Market Supervisory Authority (FINMA)
Advising Swiss P&C and health insurers on various regulatory issues
Recourse claim
Advising and representing a PI insurer in defending against a recourse claim
Aviation insurance policies
Advised an insurer on the wording and the regulatory implications of its aviation policies.
Passenger claims
Defended airlines and their insurers against passenger claims arising out of various incidents, including claims based on EU261.
Credit and surety insurance
Advising an international insurance company in cross-border regulatory issues in the area of credit and surety insurance
General aviation accidents
Defended carriers and their insurers against claims by passengers and relatives.
Lloyd’s coverholder
Advising a UK insurance company in setting up a Lloyd’s approved coverholder in Switzerland (credit and surety reinsurance)
Gold vanished in the air
Represented liability insurer in litigation following the theft of gold cargo during its carriage by air.
B787 Dreamliner fire
Advised the insurers of a Swiss-based aircraft part manufacturer, on liability and procedural issues arising out of the fire of a Boeing 787 Dreamliner (USD 42M loss).
Captive- and reinsurance structure
Advising a Swiss insurer on setting up a complex captive- and reinsurance structure
Sale of a reinsurance company
We assisted the seller of a reinsurance company in the drafting of the Share Purchase Agreement and the regulatory submissions.
Capital reduction for a direct insurance carrier in run-off
We obtained authorisation from the Financial Market Authority (FINMA) to reduce the share capital of a primary insurer below the capital requirements stipulated by the Supervisory Ordinance.
Professional liability of trust companies
We advised two insurers in a large professional liability case arising from the performance of trust services to a high net-worth individual.
Sports association and EU competition law
We advised the E&O liability insurer of a sports association in a coverage claim arising from a complaint of two athletes against the sports association at the EU Commission alleging a breach of EU competition law.
Alleged theft
We represented a cargo insurer in a coverage dispute which went up to the Supreme Court of Switzerland (case no. 4A_659/2016). This case involved issues regarding the statute of limitations and the missing proof of the insured event.
Reinsurance dispute
Representing an international reinsurance company in a complex dispute with a Swiss direct insurer
Obtaining licence for a foreign direct insurance carrier
We drafted the business plan for a foreign direct insurer and obtained licence from FINMA to write aviation, property and liability business in Switzerland.
Sole Arbitrator in a coverage dispute
Lars Gerspacher acted as Sole Arbitrator in ad-hoc arbitration proceedings. The matter concerned a coverage dispute in relation to the sale of corrugated iron sheets.
Publication20.03.2024
Legal Focus: Berne Financial Services Agreement is cautious welcome from Switzerland for UK insurers
Regulatory equivalence agreement opens up interesting opportunities for UK insurers in the Swiss market.
Publication01.10.2023
Kommentierung im Basler Kommentar zum VVG
Basler Kommentar Versicherungsvertragsgesetz, 2023; §4 zur Transportversicherung
Presentation28.09.2023
Schulthess Forum Insurance Law
Moderator of the Schulthess Forum Insurance Law, International Insurance Programs.