Insurance and Regulatory
Insurance, civil liability and industrial risk litigation
A comprehensive approach to risks and insurance
The firm offers a wide range of competence and expertise areas covering the majority of insurance sectors in France and abroad: civil liability insurance, product liability insurance, damage insurance, life insurance, personal insurance, financial risk insurance, IT insurance, insurance related to construction (see specific presentation) and, more generally, business risk insurance.
Assisting companies, cooperatives, intermediaries and manufacturers
The insurance team acts on behalf of insurance companies, cooperatives and insurance intermediaries for issues relating to the development, marketing and execution of life and non-life insurance products for both advice and litigation.
The insurance team deals with issues relating to industrial risks on a daily basis alongside insurers and manufacturers (engine makers, chemists, agribusinesses, seed producers, raw materials dealers, plant owners, etc.).
The team members are key contacts for legal departments in companies, claims handlers and risk managers.
An established firm for dealing with industrial risks
The firm has a renowned practice for litigation relating to company insurance through an established mastery of civil and administrative procedures, but also through daily and long-standing practice involving legal expertise and its specificities.
The insurance team implements professional civil liability (both prosecution and defence) actions (industrialists, architects, consultancy firms, IT companies, banks and financial institutions, chemists, pharmaceutical laboratories, brokers, notaries,
doctors, etc.) notably in the framework of general liability, professional liability, product liability and business liability guarantees.
Thus the team is able to assist its clients in dealing with losses relating to fires, explosions, collapse, machinery breakdowns, defective products, product recalls, accidental pollution, flooding, personal injury, etc.
It also assists manufacturers in preparing financial claims, dealing with material and immaterial losses and, for insurers mobilisating non-life insurance guarantees.
The members of the insurance team are lawyers identified by Décideur, a magazine, in particular as regards industrial and insurance risks, as well as liability for defective products.
A solid regulatory insurance practice
The variety of advice ranges from drafting policies or contractual clauses to assistance with regulatory issues, particularly in terms of product and practice compliance for French companies and companies wishing to set up in France or Europe (including through the Terralex international network).
The team also assists its clients with issues related to the distribution of insurance products (advice and validation of various distribution models, partnership agreements, brokerage agreements, management mandates, the honouring of consultancy and information obligations, compliance with rules relating to canvassing and financial intermediation, etc.), but also issues related to the fight against money laundering and terrorism financing, customer knowledge, etc.
The firm also works with compliance departments on issues relating to underwriting insurance products, in particular in terms of discrimination, abuse of weakness, etc.
Personal data and insurance
The firm is also familiar with more specific issues related to policyholder management such as the computerised management of personal data (implementation of electronic data management tools (EDM), underwriting, claims, medical data, blacklists, etc.) or managing IT contracts through insurance companies.
The team assists its clients with regulatory changes regarding personal data, in particular through their dealings with the supervisory authorities.
Assistance in the acquisition phase and in setting up on a national or international basis.
Through its multidisciplinary cross-functional teams (including in cooperation with the Corporate and Real Estate teams), the firm has an established practice of supporting stakeholders conducting acquisition transactions (audits, negotiations, drafting contracts, etc.) particularly in the insurance sector (companies and intermediaries) in France and abroad.
An international practice
Assistance for clients in France, but also in and outside Europe, is facilitated by the Terralex international network of foreign correspondents specialising in insurance.
Indeed, the Terralex network has an internal insurance division for identifying high quality correspondents specialising in insurance (75 members/countries in the insurance practice group), in most countries throughout the world.
The team has been able to develop special relationships with many of them in the course of its collaboration in international cases.
A recognised team
The team members provide training on civil liability topics (EFE) and legal expertise, on matters related to the protection of personal data, electronic archiving and electronic document management (Comundi).
They are also members of professional associations including AIDA, CNEDICA, AMRAE and the Insurance practice group of the Terralex international network.