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credible differENS

AFRICAN
FOOTPRINT
PROVEN TRACK
RECORD
MULTIDISCIPLINARY
TEAM
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African footprint

With Africa’s emerging economies still among the fastest growing in the world, the potential of the African insurance sector is underscored by its inextricable links with economic growth, coupled with current low market penetration.

In particular, digital innovation, the expansion of South African insurers into numerous other African countries, and moves to regionalise regulatory laws and to increase reinsurance capacity through risk pooling arrangements on the continent, are driving growth in the sector.

Against the backdrop of these changes, we are well placed to provide you with strategic and meaningful assistance because of our well established presence throughout Africa, our deep understanding of local nuances and ways of doing business, and the expertise that we offer.

As Africa’s largest law firm, with offices across the continent, we offer you a seamless multi-jurisdictional service. One of the many benefits of our continent-wide approach is that, no matter how many countries your matter spans, you can always interact with a single point of contact at ENSafrica.

Proven track record

For many years, we have been providing African insurance law advice 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.

Multidisciplinary team

Our multidisciplinary insurance team has deep specialisation in very specific areas of the law, such as coverage issues, claims, disputes, transactional, regulatory and due diligence investigations/processes, enabling us to deliver innovative and practical tailor-made solutions timeously for your business.

 

We have deep expertise and experience in resolving insurance and reinsurance disputes, including high profile disputes in relation to all lines of insurance / reinsurance business, such as:

  • assets all risks
  • business interruption
  • commercial crimes
  • construction and engineering
  • cyber
  • directors and officers liability
  • environmental liability
  • financial lines
  • general liability
  • goods in transit
  • guarantees
  • marine
  • political risks
  • product liability
  • professional indemnity
  • coverage generally
  • drafting and advices on policy wordings
  • corporate
  • M&A transactions
  • insurance business transfers
  • corporate restructurings
  • tax
  • advices and guidance on all regulatory aspects
  • advices and guidance on all compliance aspects
  • cell captive arrangements
  • insurtech
ENSafrica's further growth in dispute resolution has centred on financial services and insurance
Legal 500 EMEA Guide
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awards and rankings

ENSafrica is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000 and the World Tax Guide, for achieving consistently high standards.

Furthermore, the firm is a regular recipient of regional awards such as DealMakers and the African Legal Awards.

Chambers award Legal500 award Africa Legal Awards award Dealmakers award
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a growing presence in the insurance space
Chambers Global Guide
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acts for a diverse range of policy holders, in addition to insurers, reinsurers and underwriters
Chambers Global Guide
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client-centric and results-driven
Chambers Global Guide
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well positioned to assist its clients with commercial transactions in the field, as well as advise on liability concerns and regulatory issues
Chambers Global Guide
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provides policy review services
Chambers Global Guide
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expertise

All lines of 
insurance business
Assets all risks 
business interruption
Cell captive 
arrangements
Claims and 
disputes
Construction and 
engineering
Corporate Coverage 
advices
Cyber Environmental Financial 
lines and D&O
General and 
specific liability
Goods in transit 
and marine
Guarantees Insurtech M&A transactions Policy wordings Political risks Regulatory Reinsurance Tax
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experiENS

COVID-19 RELATED CLAIMS
Advice and representation in relation to Coronavirus (COVID-19) related losses and liabilities, including business interruption losses, and policy / coverage reviews relative to exposures due to the pandemic in various African countries.
ASSETS ALL RISKS / POLITICAL RISK
Claims by an international gold mining company against an insurer based in the Democratic Republic of Congo (DRC), under an assets all risks insurance policy with malicious damage extension, 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.
COMMERCIAL CRIME AND CIVIL LIABILITY
Representation of a credit risk insurer in legal proceedings instituted by an international investor under a payment guarantee policy which had been issued in fraudulent circumstances, as well as advice in relation to coverage for any resultant liability under the client’s commercial crime and civil liability insurance policy.
REVIEW OF GLOBAL INSURANCE PROGRAMME
Review of all insurance covers (across all lines / classes of insurance) within a global insurance programme for a global telecommunications company in order to identify potential risks, exposures and gaps, and to advise on renewals.
On-DEMAND GUARANTEES
Advice regarding the laws of Ghana, Singapore and South Africa provided to an international investor regarding obtaining on-demand guarantees and financial security instruments from insurers in relation to its financial credit risk, relative to payments to be made by third parties following various transactions concluded in Africa.
POLITICAL RISK
Advice and representation in relation to South African Special Risk Insurance Association (SASRIA) cover, and Riot Wrap covers, following claims arising from social unrest and rioting in South Africa in July 2021.
CELL CAPTIVE STRUCTURE
Advice to a South African gold producer on its potential reputational risks relative to the employment of a cell captive insurance structure for the placement of directors and officers liability insurance cover, as well as the formation and establishment of the cell captive and its structure, and policy wording in relation to both primary and difference-in-limits (DIL) / difference-in-conditions (DIC) covers.
CONSTRUCTION AND ENGINEERING
Claims and policy wording in relation to construction and engineering risks, including contractors all risks (CAR), erection all risks (EAR), machinery breakdown and business interruption (BI) covers.
MERGERS AND ACQUISITIONS
Disposal by an insurer of its direct personal lines business to a subsidiary of a specialised insurance and related services company, in exchange for an increased stake in the specialised insurance and related services company; as well as the acquisition of a life insurer in Ghana by a large South African life insurer.
REGULATORY
Scoping of a large South African financial services provider’s insurance business (inclusive of a Kenyan entity) in compliance with insurance regulation; as well as representation of five insurance companies in Mauritius in an investigation by the Competition Commission of Mauritius into an alleged existence of a cartel in the provision of private health insurance cover.
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