Our Services

» Our Services
» Our special expertise
» International Network

Our Services

We advise on all issues in the fields of insurance and reinsurance law.

This includes advising on contract law, regulatory aspects, including EU regulation and Solvency II as well as transnational business. Our primary aim is to avoid later conflicts: that includes regulatory issues, compliance matters, robust and clear wordings designed to reduce the potential for conflict and save our clients money and time. If a dispute arises or it becomes necessary to have discussions with regulators, policyholders or other parties we represent our clients' interests in mediations, at court or before arbitration panels.

We are also able to act as arbitrators in disputes.

Creation of companies and branches

Forming a Company/Establishing a Branch

We support clients in the EU and around the world in the creation of subsidiaries or branches in Switzerland. A comprehensive service is important. The establishment of an insurance or reinsurance undertaking or a branch requires both economic and legal preparation. We provide assistance with;

• The request for authorisation to carry on business,
• Coordination with the regulator;
• Corporate law and commercial register entries; and
• The design of employment contracts and in applications for residence and work permits for employees.

If you operate in the primary insurance market, we can adapt your general insurance conditions to the market practices and legal framework in Switzerland and, of course, also take care of all necessary translations.

When we help with start-ups; commercial register entries;, company law issues;, certifications and translations, we work closely with our associate firm in Berne, recht@Muri.

Structuring of ILS / ILW's and other ART solutions

Collateralised reinsurance structures continue to make inroads into the areas that the "traditional" reinsurance markets have previously considered their own. We believe that the capital markets are "here to stay" and can help with the establishment of the correct corporate structures and assist with and advise on transactions and wordings.

Representation in disputes, from mediation to litigation

Disputes: Representation in disputes, from mediation to litigation

You know better than us that sometimes differences of opinion grow into disputes. We are able to help you in achieving an efficient resolution, be it through mediation, arbitration or litigation.

We advise and assist in disputes concerning:
• Coverage
• Liability claims
• D&O claims
• Brokers' agreements

Together with our clients we look for economically efficient solutions; avoiding the need to trouble the courts or arbitration tribunals. If no solution is available, we will represent you and your interests in legal proceedings.
In addition, we work as monitoring Counsel, mainly for foreign clients.

ADR, Representation in Arbitrations and Mediation

We assist our clients before arbitration panels in commercial disputes generally and can help you manage arbitrations where cross-border disputes are concerned. We are also able to serve as arbitrators if required.

Contract wordings

Contract Wordings

A clear, policy wording is an investment-an insurance-for the future. Unclear wordings can cost time and money, while clear and consistently formulated policy wordings can help to prevent future uncertainties and disputes. We review and revise our clients' individually negotiated terms and General Insurance Conditions in almost all classes of insurance and when you are developing and new wordings and introducing them to the markets, we can help.

M & A, restructuring and portfolio transfers and Run-Off

Companies have always been bought and sold and are always subject to re-thinking and re-planning. That is no less true today. The establishment of a company has to be both economically sound and legally compliant, as do changes to group structures and mergers.

SST (Swiss Solvency Test) and Solvency 2 at EU level have started a wave of consolidation, which is still far from complete.

We can support you in;
• Merging or de-merging;
• Portfolio transfers; or
• Restructuring.

Once you have made the decision to discontinue individual divisions or lines of business entirely, we offer legal support in organising run-offs.

Consulting in cross-border insurance business (freedom of services)

Cross Border Insurance Business

Swiss insurers cannot operate in the EEA as there is no free movement of services granted to them. Swiss insurers can, however, provide services in Liechtenstein and Liechtenstein companies can operate on a cross-border basis in Switzerland. We can advise on legal issues arising in connection with such cross-border activity and find appropriate solutions for our clients.

Claims Management/Administration and Handling

Claims Management/Administration and Handling

We are able to assist you in the efficient administration of claims and also in investigating and handling disputed claims.

General Advice

Focused Advice

The focus of our advice is you. The subjects include insurance and reinsurance law, compliance issues and legal topics that are relevant and important to your business. That can include employment law, competition law or data protection issues. Our advice is aimed at creating a long-term relationship of trust with you. The better we know your business, the more valuable our advice is for you.

↑

Our special expertise

ART, ILS/ILW’s

ILS/ILW/ART

Liability, directors' liability ( D & O )

Liability, director's liability (D&O)

The facts and legal issues related to liability are consistently of a complex nature. All the more so when companies make claims for damages against their own (former) directors, managers or other officers. We can support you in the clarification of the facts and of any legal questions. Litigating claims can be costly and time-consuming. We are able to apply our strategic skills to try to find a mutually acceptable solution, in the interests of our clients. If no solution can be found, we can also represent you at an arbitration hearing or in court.

Insurance and reinsurance

Insurance and Reinsurance Law

We advise on all issues in the fields of insurance and reinsurance law.

We are also able to act as arbitrators in disputes.

Insurance intermediation

Insurance intermediation

Regulatory demands on insurers have risen steadily in recent years and with the entry into force of the Financial Services Act (FIDLEG) we can all expect them to continue to do so. We currently advise on the impact and implementation of future FIDLEG requirements in the insurance industry. We also create or revise agency contracts and cooperation agreements between insurance companies and insurance brokers.

Compliance

Compliance

The issue of compliance is, rightly, a high priority for our clients. By industry standards, the insurance industry has made good progress with the issue of compliance: FINMA and other European regulators have continuously raised their standards for insurance companies and insurance intermediaries in recent years.

The implementation of Solvency II provides additional requirements for companies active in the European Economic Area ( EEA ) or in the EU and which are challenging, especially for smaller insurers. The (future) Financial Services Act ( FIDLEG ) and IDD at European level will reform the distribution of insurance and financial services products. We will keep you informed about relevant legal developments and can support you in setting up and maintaining effective corporate compliance.

Data protection

Data protection

Data Protection is an increasingly important topic, especially as the protected persons become more aware of their rights and the internet makes physical borders less and less relevant.

We can assist you with understanding your obligations and how to comply with them, across borders and on a transnational basis.

International

International

Multinationals, ex-pats, risks in different countries, transnational liability cases, foreign coverage: Insurance solutions for cross-border problems such as international insurance programs, create complex issues of international private law when designing the contract and, additionally, procedural law and arbitration in the cases of claims. Our office offers first-class expertise in these areas. Again, we can advise you transnationally across multiple jurisdictions.

↑

International Network

The Internet; capital flows; investments: The internationalisation of business brings with it cross-border legal questions and disputes. There is often a need to turn a local law firm in a jurisdiction, which not only knows the local law, but also the customs and peculiarities of the local courts and regulatory agencies.

Through our network, we can put you into contact with the people and firms that can help you; always keeping your concerns in mind.

We are also able to assist by coordinating the entire cooperation with the local partner law firm for you.

↑