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Insurance

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Their footprint in Africa is unparalleled
Chambers Global

Working together across Africa, our dedicated insurance practice group delivers 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. 

Our key differentiator is that our offering is holistic. It covers all aspects of insurance law, against the backdrop of a substantial depth of specialised expertise and experience, extending across claims and disputes, regulatory, due diligence, forensic services, corporate and M&A transactions, financial services and tax. We have the ability to do insurance work both throughout Africa and in-country.

ENSafrica is recognised by top ranking agencies for achieving consistently high standards when working on the continent.

As Africa’s largest law firm with over 600 specialist practitioners, ENSafrica has the capacity to deliver on your business requirements across all major industries and the continent. We are able to leverage our resources to suit your pricing preferences and deliver within your timeframes.

what we offer

Our services cover all aspects of insurance law, including:

Claims, disputes and coverage

We offer coverage advice, as well as guidance on and assistance with the claims process and any disputes across all insurance business lines:

  • Assets all risks, property and business interruption
  • Cargo, goods in transit and stock throughput
  • Commercial crime and civil liability
  • Construction and engineering (including machinery breakdown and business interruption)
  • Cyber, network disruption and data breaches
  • Employment practices liability
  • Environmental liability
  • Financial lines and directors and officers (D&O)
  • General commercial and business risks
  • General liability cover, including public liability
  • Guarantees (including construction and mining rehabilitation financial guarantees)
  • Hospitality and leisure
  • Marine
  • Mining, industries and power
  • Political risk
  • Product liability and recall
  • Professional indemnity
  • Reinsurance
  • Subrogated recoveries
  • Trade credit
  • Travel and event / bookings cancellation

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

experience

Coronavirus (COVID-19) related claims
Claims by various policyholders for Coronavirus (COVID-19) related losses and liabilities, including business interruption losses.
Assets insurance policy
Dispute between an insurance company and its foreign reinsurer regarding cover under an assets insurance policy and a reinsurance treaty, relative to claims requiring an interpretation of the asbestos exception clause.
Commercial crime and civil liability
Provision of advice on coverage for potential loss suffered as a result of fraudulent conduct of a policyholder’s employee in the issuing of a payment guarantee to an international investor.
Acquisition
Acquisition by an insurance company of a 51% interest in a financial services company.
Global insurance programme
Review of a global insurance programme for a global telecommunications company for renewal purposes and in order to assess cover for Coronavirus (COVID-19) related risks.
Professional indemnity insurance
Claims made against an underwriting manager (Lloyd’s coverholder) under a professional indemnity insurance policy following claims against the insured, a project manager, regarding the administration of a contract relating to the construction of a ZAR800-million building in Johannesburg.
Assets all risks
Claims by an international gold mining company against an insurer based in the Democratic Republic of the Congo (DRC), under an assets all risks insurance policy, for damage to property and business interruption loss following riots and strikes, malicious damage to property and murder, involving the local militia at certain mines in the DRC.
Reinsurance
Claim against a reinsurance broker for payment/repayment of reinsurance premium, both by the liquidator of an insurance company (in liquidation) and by a reinsurance company.
Winding down
Provision of advice to an insurance company and a bank regarding the winding down of a cell captive structure and the delegation of the obligations to a foreign reinsurer.
Construction and engineering risks
Claims in relation to construction and engineering risks (including CAR, EAR, machinery breakdown and BI covers), including advice on policy wording.