Our expertise
Lawyers from major companies and international law firms.
A different conception of practising law combining specialisation with a holistic approach to the world of business, beyond the science of law, to develop true engineering to achieve the company’s operational goal.
A pragmatic, dynamic approach to legal issues, dedicated to businesses and institutions, thanks particularly to the lawyers’ “corporate” experience.
Fee budgets tailored to client needs through small, flexible structures.
Assisting companies with their risk management and optimising their opportunities in the lawyers’ practice areas.
Our practice areas
InsurancePartners is a network of lawyers designed to develop dedicated insurance and reinsurance solutions in the following areas:
News
Warranty & Indemnity (W&I) Insurance
In respect of M&A transactions, the insurance market – first in the United Kingdom – has developed suitable warranties with insurers with the aim of externalising part of the risk transferred to the buyer by the seller. Indeed, in the aftermath of the transaction, it is not unlikely that a liability both the seller and buyer should not be aware of occurs while being already underlying before the transaction takes place. Buyers accordingly guard against this additional burden by using W&I, which those insurance policies try to partly externalise. The ultimate example is the tax risk carried by a company that did not comply with its obligations prior to the transaction but that actually turns out once the deal is done.
Read moreThe role of insurance in M&A transactions
The importance of insurance issues, the value to be gained from controlling them and the risks to which companies are exposed if they do not consider such issues are increasingly taken into account in mergers and acquisitions. Insurance issues must be considered from both a financial and legal perspective. The legal aspects of insurance policies are seemingly the most important, as the value of the policies largely depends on qualitative criteria: exclusions contained in agreements, reconstitution of cover, scope of insurance, definition of claim, etc. They overlap with quantitative aspects when the available amount of cover is defined by a clause in the insurance policy.
Read moreInsurance intermediaries, beware the regulator!
The mass-market sale of affinity insurance and the rapid rise of insurtechs make the insurance industry a particularly attractive one. This is fantastic news for private equity funds, which are investing massively in brokers and other intermediaries in these days of low returns. The sanction imposed on affinity broker SFAM, which was slammed by the DGCCRF on 5 June 2019 for misleading commercial practices, serves as a reminder to managers and investors that affinity distribution practices must not ignore the rights of consumers and policyholders. The increasing number of ACPR sanctions against businesses in the sector is a clear sign that insurance remains a highly regulated area. These are two issues that will command the attention of parties to M&A transactions involving insurance intermediaries.
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