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.
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.
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.
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.
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.
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.