Insurance activities and insurance products are increasingly adapting to the globalisation of the markets. Clearly, market participants have learned the lessons from the financial crisis. Revised marketing and capital investment strategies and more sophisticated approaches to risk management may require insurers to implement new corporate structures and amend corporate governance standards. In addition, supervisory authorities have increased and tightened their review processes. Industry-driven proprietary reinsurance solutions have increasingly come under scrutiny. There seems to be a clear trend to pursue liability claims and settlement negotiations more aggressively.

In this environment, our insurance team of highly experienced lawyers with wide industry knowledge advises domestic and foreign primary insurers and reinsurers on all legal aspects relevant for the insurance sector, with a special focus on transactional as well as product-related and regulatory matters. We have longstanding experience in structuring distribution channels from beginning to end, including insurance intermediary channels. We assist our clients with compensation models, competition law issues, and cross-border distribution schemes. In addition, we have substantial expertise in insurance related mergers and acquisitions as well as reorganisations and with respect to liquidating primary insurers and reinsurers, discontinuing certain insurance lines and managing portfolio transfers and run-offs.


Insurance
Introduction

Insurance activities and insurance products are increasingly adapting to the globalisation of the markets. Clearly, market participants have learned the lessons from the financial crisis. Revised marketing and capital investment strategies and more sophisticated approaches to risk management may require insurers to implement new corporate structures and amend corporate governance standards. In addition, supervisory authorities have increased and tightened their review processes. Industry-driven proprietary reinsurance solutions have increasingly come under scrutiny. There seems to be a clear trend to pursue liability claims and settlement negotiations more aggressively.

In this environment, our insurance team of highly experienced lawyers with wide industry knowledge advises domestic and foreign primary insurers and reinsurers on all legal aspects relevant for the insurance sector, with a special focus on transactional as well as product-related and regulatory matters. We have longstanding experience in structuring distribution channels from beginning to end, including insurance intermediary channels. We assist our clients with compensation models, competition law issues, and cross-border distribution schemes. In addition, we have substantial expertise in insurance related mergers and acquisitions as well as reorganisations and with respect to liquidating primary insurers and reinsurers, discontinuing certain insurance lines and managing portfolio transfers and run-offs.

Experts Products & experience

Our key areas of activity are:

  • Relocating primary insurers and reinsurers from offshore to Switzerland, and vice versa
  • Advising domestic and foreign primary insurers and reinsurers on performance under the Swiss Solvency Test
  • Assisting insurance clients in developing products in life and non-life insurance as well as social insurance
  • Assisting on product distribution schemes, including intermediary supervision, related compensation models (including competition issues), and cross-border services
  • Providing advice to primary insurers and reinsurers on ceasing operations, discontinuing certain insurance lines, portfolio transfers and run-off
  • Assisting primary insurers and reinsurers in defending and enforcing insurance claims in court and arbitration proceedings
  • Advising insurance clients on all corporate and regulatory matters including outsourcing, restructurings and mergers and acquisitions
Publications






Kommentar zu Art. 15 und 16, Vorbem. zu Art. 51a–60 und Art. 51a–60 des Bundesgesetzes über den Schutz von Marken und Herkunftsangaben (MSchG)(Commentary on art. 15 and 16, preliminary remarks to art. 51a–60 and art. 51a–60 of the Federal Act on the Protection of Trade Marks and Indications of Source)

by Markus R. Frick
in: David/Frick (Editor[s]), "Basler Kommentar Markenschutzgesetz Wappenschutzgesetz"
3. Auflage, Basel 2017, pp. 490–524, 913–1056 (ISBN/ISSN: 978-3-7190-3553-2)













Outsourcing 2014

co-authored by David Vasella and Nicola Benz
in: "Getting the Deal Through"
London 2013


Hybride Finanzierungsinstrumente im nationalen und internationalen Steuerrecht der Schweiz(Hybrid Financial Instruments in Domestic and International Tax Law)

by Peter Hongler
Zurich 2012 (Dissertation)




Stichwort Versicherungsvertrag(Keyword: Insurance Contract)

co-authored by Ahmet Kut
in: J. Basedow/K. Hopt/R. Zimmermann (Editor[s]), "Handwörterbuch des Europäischen Privatrechts"
Tübingen 2009




Rechtliche Entwicklungen in der Versicherungsvermittlung: EU-Deutschland-Schweiz(Recent legal developments in the area of supervision on insurance brokers in Switzerland)

by Daniela Caleff
in: "Zeitschrift der Handelskammer Deutschland Schweiz" May 2006



Das behinderte Kind im Sozialversicherungsrecht(The Disabled Child and the Swiss Social Insurance Law)

by Saskia Cruchon
in: "Das behinderte Kind im schweizerischen Recht"
Zurich/Basel/Geneva 2006



Der Ermessensspielraum der Behörden im Rahmen des Tariffestsetzungsverfahrens nach Art. 47 in Verbindung mit Art. 53 Krankenversicherungsgesetz(The discretion of the authorities in the tariffication according to art. 47 in conjunction with art. 53 of the Swiss Code of Medical Insurance)

co-authored by Daniel Staffelbach and Yves Endass
in: Tomas Poledna (Editor[s]), "Forum Gesundheitsrecht"
Zurich/Basel/Geneva 2005




Anmerkung zum Entscheid des Eidg. Versicherungsgerichtes vom 20. Dezember 1999; Regelungsfreiheit der Krankenversicherer, Gesundheitskassen und HMO-Versicherungen in der Einschränkung der freien Wahl der Leistungserbringer im KVG(Case note on Federal Insurance Court decision of 20 December 1999 re medical insurance)

by Daniel Staffelbach
in: "Aktuelle Juristische Praxis (AJP)" 7/2000, pp. 889–891