Finances en assurance

In today’s increasingly complex and highly regulated financial markets, providing finance and giving security within the insurance sector continues to be challenging.

Our dedicated banking and finance practice can advise borrowers and lenders on the issues that surround the re/insurance industry

In today's increasingly complex financial markets, our dedicated banking and finance practice is well placed to advise both borrowers and lenders on the issues that surround the re/insurance industry. Undertaking a measure of due diligence, and then understanding the impact of the proposed financing and strength of the security to be given or obtained, is vital to a successful lending. Clyde & Co has a unique perspective on this and is therefore able to ensure that the expectations of both lenders and borrowers are met.

Our client base extends across the financial and insurance sector including banks, building societies, finance boutiques, insurance brokers, insurers, underwriting agents, capital providers, export credit agencies and asset managers.

Our banking and finance team has already amassed considerable experience of providing advice to large and complex organisations but we also have several distinctive features which together set us apart in our legal offering. These include our specialist knowledge of Lloyd’s, the PRA and FCA and the regulatory framework that the UK insurance industry operates in and how this impacts on banking and finance transactions within the industry and our specialist experience of the structural and regulatory aspects of the Islamic insurance sector (Takaful), including in relation to issues of Shari’a compliance.

Our wide ranging expertise includes the following areas:

  • FAL Letters of Credits into Lloyd's
  • Leveraged/acquisition finance
  • Debt restructuring and insurance related work outs
  • Asset backed finance
  • Emerging markets and structured financing
  • Islamic finance
  • General corporate lending
  • Regulatory capital instruments

We place as much emphasis on practical experience as on our legal know-how. Our strengths lie in our determination to get to know our client's insurance business from the bottom up, our commitment to providing maximum efficiency at competitive prices and our truly seamless and global service.

Our Insurance Finance Work

  • Tout
  • Royaume-Uni et Europe
  • $65,000,000 revolving credit facility

    Acting for the borrower (the investment vehicle of an ultra-high net worth individual) in connection with a $65,000,000 revolving credit facility to fund capital calls. 

    £45,000,000 letter of credit facility

    Acting for the lender on a £45,000,000 letter of credit facility made available to provide Funds at Lloyd's to support a corporate member in run-off.

    £55,000,000 letter of credit facility

    Acting for the borrower (the UK subsidiary of a global US insurance company) in relation to a GBP 55,000,000 letter of credit facility for the purposes of enabling its underwriting arm to provide Funds at Lloyd’s 

    Amendment and extension of its original £106,000,000 letter of credit facility

    Acting for the borrower (a Bermudan reinsurance company) in relation to the amendment and extension of its original £106,000,000 letter of credit facility for the purpose of enabling its underwriting arm to provide Funds at Lloyd’s

    Refinancing of an existing £60,000,000 term loan facility

    Acting for the lender (a prominent UK insurance company) in relation to the refinancing of an existing £60,000,000 term loan facility and the residual intercreditor and security arrangements following the refinancing

    US$1,100,000 term loan facility financing

    Acting for the arrangers on a US$1,100,000,000 term loan facility financing a consortium bidding for the acquisition of Transatlantic Re 

    US$106,500,000 term loan facility financing

    Acting for the arrangers and financiers on a US$106,500,000 term loan facility financing the acquisition of an insurance company by the Enstar Group

    US$158,000,000 letter of credit facility

    Acting for the lender on a US$158,000,000 letter of credit facility made available to support the obligations of a prominent UK insurance company under a whole account quota share reinsurance agreement

    US$180,000,000 letter of credit facility

    Acting for the financiers on a US$180,000,000 letter of credit facility to provide Funds at Lloyd’s to support and stand account for reinsurance to close business undertaken through a managed Lloyd’s syndicate

    US$250,000,000 revolving credit facility

    Acting for the arrangers and financiers on a US$250,000,000 revolving credit facility for Enstar Group Limited

  • Coverage and monitoring following employer insolvency and PPF assessment

    Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme

    Royaume-Uni

    Depreciation of fund value and subsequent losses

    Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value

    Royaume-Uni

    Equalising gender benefits following the "Barber" judgement

    Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991

    Royaume-Uni

    Incorrect "preservation" legislation in rules

    Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993

    Royaume-Uni

    Incorrect drafting of rule consolidations

    Advising on incorrect drafting of rule consolidations

    Royaume-Uni

    Incorrect equalisation of retirement ages in accordance with Barber

    Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation

    Royaume-Uni

    Knock-on effects of failure to properly amend scheme rules

    Advising on failure to properly amend the scheme rules correctly to reduce future benefits

    Royaume-Uni

    Loss of chance claims

    Acting on loss of chance claims

    Royaume-Uni

    Misapplication of funds claims against a trustee

    Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not

    Royaume-Uni

    PTL policy claims

    Advising on claims under PTL policies for “exonerated loss” cover

    Royaume-Uni

Key Contacts

Chris Lenton
Chris Lenton

Partner

Matthew Weedon
Matthew Weedon

Consultant

Ivor Edwards
Ivor Edwards

Partner

Peter Hodgins
Peter Hodgins

Partner