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Insurance & Reinsurance

Unmatched global presence and experience across all lines of insurance business

Clyde & Co is the world's pre-eminent insurance law firm, providing the highest quality advisory and dispute resolution services to insurers and their clients operating in both established and emerging markets.

Placing our clients at the centre of everything we do, our aim is to combine our specialist market experience with market-leading relationship management to build a service which is tailored specifically to the needs of our clients, based on an understanding of their individual claims philosophies and underwriting appetite, as well as the capital, operational and regulatory issues they face.

We offer an unmatched depth of coverage and defence capabilities across every line of insurance and reinsurance business, from the smallest claim to the most complex loss. Our leading dispute resolution practice covers litigation and all forms of alternative dispute resolution in relation to contentious claims and we also have experience in acting for insurers in contentious regulatory proceedings.

Global risks are increasingly interconnected. We focus on new and emerging cross line products and issues, as well as more traditional lines, and have grown our business internationally, bringing together our global footprint and specialist local knowledge to ensure that we can quickly respond to client issues wherever they arise, and support our clients on the most complex multi-jurisdictional matters.

We provide a complete range of advisory services including advising on policy wording issues, product development, funding options and recoveries. We have dedicated corporate, commercial and regulatory insurance teams working across the globe who advise clients at every stage of their development, and work closely with our employment, real estate and tax colleagues, offering insurance clients the broadest range of legal services underpinned by genuine sector expertise.

Insurance Growth Report 2021 - mid-year update

In this mid-year update our partners across the world examine the trends and factors driving deal activity in the first six months of this year.

Find out more

Our Insurance & Reinsurance Work

  • All
  • Africa
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Nepal Airlines chartered flight crash

    Advising insurers in respect of the chartered flight to Jomsom from Pokhara which crashed on the banks of Kaligandaki river near the airport after it skidded off the runway while making a turn.

    Nepal

    A distributed denial of service attack

    A distributed denial of service attack, which caused the website of a major retailer to shut down for nearly 72 hours, leading to business interruption loss and other first party loss.

    United States

    Abu Dhabi health authority terms of reference

    Advising on the terms of reference for Abu Dhabi Health Authority’s disciplinary committee for medical professionals which involved considering applicable federal and Abu Dhabi laws and regulations and examining best practice internationally

    United Arab Emirates

    Acklins Blue Cessna 402 crash

    Advising insurers regarding the Cessna 402 aircraft accident which crashed into Lake Killarney shortly after take-off from Nassau-Lynden Pindling International Airport (NAS), Bahamas on a flight to San Salvador causing multiple fatalities.

    Bahamas

    Acquisition of a life insurance company to form an on-line digital life insurer

    Advising an asset management and investment firm on its acquisition (together with a tech conglomerate) of a strategic stake in a life insurance company with a view to establish the first on-line digital life insurer in Hong Kong

     

    Hong Kong

    Acquisition of life insurer assets by US financial institution

    Represented a large US financial institution in connection with its acquisition, through reinsurance, of US$1.7 billion of policies and corresponding reserves and related assets from life insurer as part of court-ordered rehabilitation and separately its acquisition of a life insurance company

    United States

    Acting for a wealth management firm

    Acting for a wealth management firm in respect of multiple customer complaints concerning advice given to invest in an unregulated collective investment scheme (a fund of hedge funds). We advised on communications with customers and the FOS and have assisted with the design and implementation of a scheme (for approval by the FCA) to compensate all customers who fit within certain defined parameters

    United Kingdom

    Acting for IFAs

    Acting for IFAs in claims by clients and the FSCS arising out of the collapse of Keydata Investors who have lost all of their funds

    United Kingdom

    Acting in relation to a series of unregulated investments

    Acting for an IFA on a claim brought by a household name against his former financial adviser in relation to a series of unregulated investments made across the world

    United Kingdom

    Acting in relation to civil and regulatory exposures

    Acting for a wealth management firm in relation to civil and regulatory exposures arising from pension switching advice in which customers were advised to switch from occupational to personal pensions

    United Kingdom
  • Total loss of a jackup drilling rig

    Advising a P&I club on coverage arising out of the capsize and total loss of a jackup drilling rig in Angolan waters at the mouth of the Congo River

    Angola

    Pit wall collapse at the world's most profitable diamond mine

    Advising reinsurers on coverage for property damage and business interruption claim following a pit wall collapse at the world's most profitable diamond mine and where the loss alleged exceeds USD 250 million.

    Botswana

    Yemenia Airways flight 626 accident

    Advising insurers in respect of over 2500 passenger claims following Yemenia Airways Airbus accident on approach to runway, causing one fatality.

    Comoros

    Subrogated recovery following drill ship loss

    Acting on behalf of Saipem and subrogated insurers against the manufacturers of a disc brake and control system that was determined as the cause of the damage to Saipem's new generation drill ship, the Saipem 10,000.

    Equatorial Guinea

    Allied Air Flight 111 crash

    Advising insurers on an Allied Air Boeing 727 cargo plane which overran the runway on landing and broke through the airport perimeter fence causing fatalities and multiple ground injuries.

    Ghana

    Kenya Airways flight KQ507 accident

    Dealing with the legal liability claims arising out of an accident to Kenya Airways flight KQ507 which crashed immediately after takeoff from Douala International Airport.

    Kenya

    Afriqiyah Airways accident in Tripoli

    Advising Afriqiyah Airways and its insurers and reinsurers following the accident on flight from Johannesburg to Tripoli where aircraft touched down short of the runway, broke up and caught fire.

    Libya

    Dana Airlines disaster in Lagos

    Advising insurers regarding Dana Airlines flight 992 which crashed on its approach to Lagos, destroying the aircraft. All passengers and crew perished.

    Nigeria

    Coverage for mechanical breakdown and business interuption

    Representing reinsurers in the successful settlement of a USD 30 million claim arising from a breakdown of a mechanical shovel and consequential business interruption claim at a large diamond mine loss concerning coverage and quantum issues

    South Africa

    Steam turbine failure recovery court proceedings

    Successfully representing insurers in subrogated proceedings against an OEM following a turbine failure.

    South Africa
  • Acklins Blue Cessna 402 crash

    Advising insurers regarding the Cessna 402 aircraft accident which crashed into Lake Killarney shortly after take-off from Nassau-Lynden Pindling International Airport (NAS), Bahamas on a flight to San Salvador causing multiple fatalities.

    Bahamas

    Substantive Bermuda Form matters for reinsurers

    Acting for reinsurers in the first case on substantive Bermuda Form matters to come before the English Courts, AZICO v. XL and ACE ([2013] EWCA Civ 1660)

    Bermuda

    Enstar Acquisition of Torus

    Advising Enstar Group on their USD 692 million acquisition of specialty insurer Torus

    Bermuda

    CNA acquisition of Hardy Underwriting Bermuda Limited

    Advising CNA Financial Corporation on its GBP 143 million acquisition of Hardy Underwriting Bermuda Limited

    Bermuda

    Reorganisation using Part VII transfers

    Advising The Standard Club on the reorganisation of their Bermudian and various UK underwriting entities into one entity using Part VII transfers

    Bermuda

    Political risk cover for zinc and lead mines in South America

    Advising a bank on political risk cover for investments in lead and zinc mines in South America

    Brazil

    Floating unit collision USD 20 million claim

    Acting for an insurer in relation to the P-XXV case involving a USD 20 million claim by a Brazilian insured for loss and damage following the collision of a floating unit

    Brazil

    Dispute concerning an all-risk insurance policy for a hydro-electric project

    Advising six co-insurers and thirty co-reinsurers in relation to a complex multi-jurisdictional dispute, involving court proceedings in the UK and Brazil, in addition to arbitrations under ARIAS and LCIA rules.

    Brazil

    Liabilities claim at Brazilian hydroelectric power plant

    Advising a panel of international reinsurers on their liabilities arising from strike and riot in a hydroelectric power plant in Brazil, with a stated claim of BRL 1.5 billion

    Brazil

    CAD 1 billion claim following catastrophic incident

    Acting for London underwriters in respect of a CAD 1 billion claim following catastrophic incident at a Canadian Oilsands site.

    Canada
  • Nepal Airlines chartered flight crash

    Advising insurers in respect of the chartered flight to Jomsom from Pokhara which crashed on the banks of Kaligandaki river near the airport after it skidded off the runway while making a turn.

    Nepal

    Insurance Australia Group acquisition

    Advising Insurance Australia Group in relation to its acquisition of a 20% stake in Tianjin Bohai General Insurance Company (China)

    Australia

    Employment advice for the acquisition of an insurance company

    Advising an Australian insurance company on the acquisition of a European Insurer involving the coordination of advice in France, Germany and Spain

    Australia

    Large shareholder class action and insurance issues

    Acting for the insured and insurers in one of the largest shareholder class actions to proceed to trial in Australia (which arose from a profit downgrade), and advising on the insurance issues arising out of litigation in the US with the holders of convertible bonds

    Australia

    US Securities and Exchange Commission investigations and complaints

    Acting for a Big Four practice in Australia in respect of US Securities and Exchange Commission investigations and complaints regarding negligent and improper accounting practices, and advice on inter-firm related captive coverage

    Australia

    MetLife acquisition of the life insurance and annuity business of CitiGroup

    Advising MetLife in connection with the Australian aspects of its global acquisition of the life insurance and annuity business of CitiGroup. We advisied on, negotiated and documented various product distribution and joint venture marketing agreements between MetLife and Citi

    Australia

    Australian insurance regulatory issues

    Providing extensive advice on Australian insurance regulatory issues including assisting with the establishment of insurance operations and on reinsurance collateral arrangements

    Australia

    Negligence claims in relation to various projects

    Acting for an engineer defending negligence claims in relation to various projects, including the allegedly negligent design of tunnels, roads and bridges

    Australia

    Defense of structural engineers

    Defending structural engineers alleged to have failed to take account of hydrostatic pressure calculations in designing a landmark luxury harbour-side apartment complex

    Australia

    Federal Court of Australia proceedings

    Acting for the insurers of a large consulting engineering firm in relation to Federal Court of Australia proceedings which alleged they were responsible for the collapse of underground mine workings

    Australia
  • USD 147 million acquisition in the GCC

    Advising RSA on its USD 147 million acquisition of Al Ahlia Insurance Company of Oman, creating Oman’s largest insurance company by premium income. This was the first major insurance acquisition in the GCC in recent years

    Oman

    Material damage from highway construction failure

    Advising reinsurers in a GBP 200 million material damage claim being brought in the courts of Qatar, arising from the failure of a newly constructed highway.

    Qatar

    Capsize of the offshore vessel Demas Victory

    Acting for insurers in relation to the “Demas Victory”, an offshore supply vessel, which capsized inbound to Qatar resulting in 30 deaths and ensuing criminal and civil proceedings, insurance and blood money issues

    Qatar

    Implementing regulations

    Advising QFCRA on the draft implementing regulations for the insurance sector to be issued by the Qatar Central Bank pursuant to the QCB Law; including undertaking an extensive benchmarking exercise against the insurance laws and regulations of the GCC.

    Qatar

    GCC government Social Health Insurance Project

    Advising the project team for in connection with its mandate to evaluate its health funding system and come up with proposals for reform and thereafter advising on the introduction of the Social Health Insurance Scheme, including drafting the requisite legislation and implementing regulations

    Saudi Arabia

    USD 4 million cash in transit theft

    Acting for London market reinsurers in relation to cash in transit losses in the Kingdom of Saudi Arabia following the theft of over USD 4 million in cash by the driver of one of the vehicles of the original insured, an armoured vehicle provider. We provided coverage advice in relation to the application of policy terms and conditions, including in respect of misrepresentation and non-disclosure arguments, under Saudi law.

    Saudi Arabia

    Business interruption claim at Saudi petrochemical complex

    Acting for liability insurers of a power plant in Saudi Arabia which suffered 3 power outages and allegedly caused substantial property damage and related losses at a very large petrochemical complex on the Red Sea.

    Saudi Arabia

    Data Protection issues arising out of outsourcing arrangements

    Advising two international health insurers on the data protection issues arising in the context of their outsourcing arrangements with their Saudi joint ventures

    Saudi Arabia

    SAMA insurance regime

    Advising insurance interests on the SAMA insurance regime and establishing operations in Saudi Arabia.

    Saudi Arabia

    Markel

    Advising on medical negligence policy wording and issues relevant to the medical malpractice insurance scheme they offered in the UAE, Qatar and Oman

    United Arab Emirates
  • Art damage in storage and recovery of losses

    Assisting in the recovery of losses incurred by the owner of works by a leading 20th century painter, sculptor, print-maker and ceramicist following damage caused to a number of works stored by a well-known art packer and shipper

    Belgium

    Advising underwriters over contaminated babies' milk

    Advising underwriters in relation to the contamination of baby milk in Denmark. Our team is advising on coverage and liability with the assistance of Danish agents.

    Denmark

    Finnish OP-Pohjola acquisition of Skandia

    Advising Finnish insurer OP-Pohjola on its EUR 1.3 billion acquisition of the Finnish business of Skandia

    Finland

    High voltage direct current connection outage and multi-jurisdictional damage claim

    Acting for UK and French insurers in relation to damage caused in both France and England due to an outage of the high voltage direct current connection between the UK and continental Europe. We faced complex issues in international law and the overlap of multiple contracts

    France

    Baqueira Beret serious skiing accident

    Serious accident of a French citizen whilst skiing in Baqueira Beret resulting in paraplegia. Proceedings instigated both in France and in Spain.

    France

    Caño Limon pipeline French reinsurance arbitration

    Advising on a USD 3 million reinsurance arbitration on the aggregation of losses arising out of terrorist attacks on the Caño Limon pipeline. The reinsurance contracts were subject to French law and arbitration and the case led to a court dispute and mediation in relation to the implication of the purported transfer of outwards run off reinsurance

    France

    European distribution agreement and regulatory implications

    Advising a global insurer on its European-wide distribution agreement with a retail bank and the regulatory implications of that agreement

    France

    Insurance coverage for PIP implants

    Representing a product liability insurer of a chain of private hospitals specialising in providing cosmetic surgery, including breast implants, in regards to claims from patients who had been given the French-made PIP implants. These implants received extensive media coverage when it was discovered that they had been filled with non-medical-grade silicone, thought to be of a type used to make mattresses.

    France

    Subrogated recovery following major flood

    Acting for London insurers in respect of a subrogated recovery against a dam operator following a major flood in Europe.

    Ireland

    The kidnapping of Shergar

    Advising on the kidnapping of the acclaimed Irish racehorse Shergar

    Ireland

Business Lines

Cyber

Cyber

Employment Practices Liability

Employment Practices Liability

Energy

Energy

Financial Institutions, Directors & Officers

Financial Institutions, Directors & Officers

Marine

Marine

Personal Injury

Personal Injury

Product Liability & Recall

Product Liability & Recall

Professional & Financial Disputes Claims Handling

Professional & Financial Disputes Claims Handling

Professional Indemnity

Professional Indemnity

Property

Property

Reinsurance

Reinsurance

Specialty

Specialty

Corporate Services

Aviation & Space

Aviation & Space

Corporate, Commercial and Compliance Insurance

Corporate, Commercial and Compliance Insurance

Corporate

Corporate

Commercial

Commercial

Coronavirus Information Hub

Coronavirus Information Hub

Dispute Resolution & International Arbitration

Dispute Resolution & International Arbitration

Employment, Pensions & Immigration

Employment, Pensions & Immigration

InsurTech

InsurTech

Regulatory & Investigations

Regulatory & Investigations

 

Key Contact

James Cooper
Partner, Global Head of Insurance

James is the chair of the Global Insurance Practice Group and head of the Financial Institutions and D&O team.

James' practice focuses on all aspects of D&O and financial services and has extensive experience in acting for directors and officers and financial institutions on contentious matters in a number of jurisdictions. Much of this has involved arbitration and cross-border work with an international connection.

Contact James

    

Our Insurance & Reinsurance team

Martin Hall
Martin Hall

Head of Marine Casualty

David Johnston
David Johnston

Consultant

Gordon Keyden
Gordon Keyden

Consultant

Lucinda Lyons
Lucinda Lyons

Head of Insurance, Australia

John Milligan
John Milligan

Consultant

Brian Nash
Brian Nash

Consultant

Michael Payton
Michael Payton

Chairman

Victor Rae-Reeves
Victor Rae-Reeves

Consultant

Oscar Shub
Oscar Shub

Legal Consultant

Tim Taylor
Tim Taylor

Consultant

Jon Turnbull
Jon Turnbull

Consultant

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