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ENSafrica icon

credible difference

We are legal experts in insurance in Africa, providing comprehensive advice to a diverse range of policy holders, insurers, reinsurers and underwriters.

 

PROVEN TRACK
RECORD
MULTI-DISCIPLINARY
TEAM
AFRICAN
FOOTPRINT
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Proven track record

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.

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.

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Multi-disciplinary team

Our multi-disciplinary 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.

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African footprint

Multi-jurisdictional businesses face significant risks, as well as the challenge of complying with vastly different laws and regulations.

We are Africa’s largest law firm, with offices in Eastern, Southern and Western Africa.

With more than 600 specialist practitioners, we have deep expertise and the capacity to solve all your legal, tax, forensics and IP requirements, and help you navigate regulatory hurdles, no matter where in Africa you do business.

Because we have had many years of practical experience working on the ground throughout the continent, we have developed a proven track record and a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted firms with whom we work.

 

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
client-centric and results-driven
Chambers Global Guide
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your team

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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 GlobalLegal 500IFLR1000Dealmaker Awards
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the firm acts for a diverse range of policy holders, in addition to insurers, reinsurers and underwriters
Chambers Global Guide
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a growing presence in the insurance space
Chambers Global Guide
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it is 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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the practice provides policy review services
Chambers Global Guide
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ENS definitely prides itself on its turnaround time and professionalism
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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experience

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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news

 

expertise