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insurance

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the firm enjoys a strong reputation across the African continent
Legal 500 2018

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.

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

experience

Defence
of design professionals (including project managers, engineers, architects and quantity surveyors) for professional indemnity underwriters in professional negligence claims.
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
Representation
of an insurance company in a claim under a public liability policy relating to a large fuel spill from an underground tank.
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
of an insurance company in claims under general liability products.
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).
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.
Recovery
proceedings for an insurer following indemnification under assets cover after a major landslip and consequent damages to property.
Representation
of insurer in data breach claim, including all aspects of policy wording.
Representation
of reinsurers in relation to recovery of substantial reinstatement cost differential under assets all risks policy for coal power station.