Working together across Africa, our dedicated insurance practice group is able to deliver an all-round, cost-effective service to our clients, who include leading African and international insurance companies, Lloyd’s syndicates, local and international brokers and other intermediaries, as well as a variety of policyholders.

We have a strong, multidisciplinary practice group with substantial knowledge of the continent and its diversity.

Our key differentiator is our high level of in-depth, specialised expertise and experience across the full spectrum of insurance work, spanning claims and disputes, regulatory, due diligence, forensic services, corporate and financial services, M&A work, and tax.

As a result, we are entrusted by our clients with their most complex transactions and their most sensitive disputes.

We have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm (in areas such as dispute resolution, corporate commercial, tax, banking and finance, and Africa regulatory and business intelligence), meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

the firm is frequently involved in the biggest deals in the market
— Chambers Global Guide 2018

what we offer

We provide advice on all aspects of insurance law, including:

disputes

  • cargo and goods in transit
  • construction and engineering (including machinery breakdown and business interruption)
  • coverage advice, as well as guidance on strategy management of coverage issues
  • cyber
  • employment practices liability
  • financial institutions and D&O
  • guarantees (including construction and mining rehabilitation financial guarantees)
  • framework agreements for subrogated recoveries
  • marine
  • mining, industries and power
  • non-claims / pure commercial litigation
  • product liability and recall
  • professional indemnity
  • property
  • public liability
  • reinsurance

regulatory

  • all aspects of insurance regulation
  • assisting in new product development from a regulatory and policy wording point of view
  • compliance with the relevant legislation and codes
  • drafting policy wording

corporate

  • assisting insurers in corporate/M&A work and capital market raising, including corporate insurance mergers, acquisitions, joint ventures, restructurings and expansion into new markets
  • cell captive arrangements
  • insurance investments and hedging, including derivatives and security lending and repurchasing transactions
  • Lloyd’s of London related advice
  • managing intellectual property portfolios
  • transactional matters, including structuring and implementing large and complex local and cross-border insurance, reinsurance and restructuring transactions
  • underwriting management agreements and agency agreements
  • warranties and indemnities
the firm enjoys a strong reputation across the African continent
— The Legal 500 EMEA Guide 2018
a pan-African powerhouse with a strong team of experienced and respected lawyers
— Chambers Global Guide 2018
ENSafrica understands how our business operates and adds value in the implementation of our transactions
— Chambers Global Guide 2018

experiENS

Defence
Defence of design professionals (including project managers, engineers, architects and quantity surveyors) for professional indemnity underwriters in professional negligence claims.
Representation
Representation of underwriting management agencies and insurance companies on all aspects of construction guarantees, including wordings, litigation and recoveries on sureties and indemnities (both local and cross-border).
Advising
Advising insurers on claim under single project professional indemnity policy in relation to natural gas power station and advice to insurers on rights of subrogation.
Claims
Claims in relation to construction and engineering risks (including CAR, EAR, machinery breakdown and BI covers) for various underwriting management agencies and insurers, including advice on policy wording.
Representation
Representation of an insurance company in a claim under a public liability policy relating to a large fuel spill from an underground tank.
Recovery proceedings
Recovery proceedings for an insurer following indemnification under assets cover after a major landslip and consequent damages to property.
Creation
Creation of new insurance product for liability insurer to cover gap in liability for environmental clean-up costs, and new liability guarantee product for mining guarantee insurer.
Representation
Representation of insurer in data breach claim, including all aspects of policy wording.
Representation
Representation of an insurance company in claims under general liability products.
Representation
Representation of reinsurers in relation to recovery of substantial reinstatement cost differential under assets all risks policy for coal power station.
ENSafrica has a giant and versatile team
— The Legal 500 EMEA Guide 2018

contact

Rob Scott

executive
rscott@ENSafrica.com

Nicole Gabryk

executive
ngabryk@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications