Expertise

Versicherung / Haftpflicht - Expertise

Insurance / Liability

From insurance, brokerage and regulatory questions, to insurance contracts, cover, recourse and claims management.

Get in touch with the team
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Get in touch with the team

We provide comprehensive advice to insurance companies, reinsurers, insurance intermediaries, brokers, captives and industrial policyholders on Swiss and international insurance law, covering both regulatory issues and matters relating to insurance contracts.

We assist you in pursuing and defending against liability claims arising from personal injury, property damage and financial loss.

We advise companies, insurers and claimants efficiently and in a solution-oriented manner – from the initial claim submission through settlement negotiations to litigation.

Our focus is on achieving the best possible financial outcomes, even in complex claims and where there are interfaces with insurance matters.

Insurance

  • Legal

    Insurance and Insurance Brokerage

      • Advice on regulatory and FINMA-related issues and licensing procedures
      • Structuring and governance of insurers and brokers
      • Regulatory requirements for insurance brokerage, including distribution and outsourcing

    Insurance Contracts and Coverage

      • Drafting and reviewing insurance policy terms
      • Advice on coverage issues in complex claims
      • Support with international programs and policy structures

    Specialized Markets and Industry Solutions

      • Lloyd’s Market and mutual insurance structures (P&I, D&O)
      • Marine insurance and property insurance, in particular transport insurance, P&I, and hull insurance
      • Liability including public and professional liability insurance
      • Reinsurance, including contract drafting and disputes
      • Captive insurance and alternative risk transfer models

    Social and Occupational Pension Plans Property

      • Advice on BVG structures, collective and joint schemes
      • Interfaces between private insurance and social insurance

    Liability, and Liability Insurance

      • Claims management, subrogation and recovery actions
      • Liability law, including personal injury, product liability, and directors’ and officers’ liability
      • Liability claims against officers and third parties

  • Tax

    We seamlessly integrate tax considerations into our insurance law advisory services.

      • Tax structuring of insurance and reinsurance models
      • Tax treatment of premiums, reserves, and claims payments
      • Advice on captive structures, taking transfer pricing into account
      • Tax issues related to the BVG and collective pension solutions
      • International tax coordination for cross-border programs

  • Compliance

    We assist with the implementation and enforcement of regulatory requirements in the insurance sector.

      • Establishment and review of compliance and control systems
      • Implementation of regulatory requirements (including FINMA circulars)
      • Requirements for sales and insurance brokerage
      • Compliance with outsourcing, delegation, and international structures
      • Support with internal investigations and regulatory proceedings
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Liability

  • Legal

    Our focus is on the legally sound and strategically managed handling of complex liability cases:

    • Contractual and Non-Contractual Liability (Tort)
      Assessment, enforcement and defence of claims under the Swiss Code of Obligations (OR) and under specific statutory liability provisions (Strict liability, liability of contractors and landowners, product liability, employer’s and principal’s liability, environmental liability, transport law, financial markets law, corporate liability law)
    • Claims Management
      Structured management of claims from initial analysis through to settlement with a focus on international liability chains (transport – all transport modes including multi modal, logistics, infrastructure and projects)
    • Preservation of Evidence
      Securing and preparing facts and (contradictory) expert reports, based on mutual agreement or by means of precautionary measures, particularly in technical (financial loss and property damage) and medical matters (personal injury)
    • Loss Calculation
      Quantification of personal injury, property damage and financial loss, including future losses and loss of integrity
    • Litigation
      Representation before state courts and arbitral tribunals, as well as in settlement negotiations
    • Concurrent Claims
      Coordination of parallel bases for claims and proceedings
    • Recourse and Subrogation
      Enforcement of and defence against recourse claims, particularly in conjunction with insurance companies
    • Personal injury, Property Damage and Financial Loss
      Advice on complex major claims with medical, technical and economic implications

  • Tax

    We take into account the tax implications of claims and liability payments:

    • Tax treatment of compensation payments for damages and pain and suffering
    • Structuring of settlement payments from a tax perspective
    • Distinction between taxable income and tax-exempt benefits
    • Coordination with social security schemes and their tax treatment

  • Compliance

    We provide support in complying with regulatory requirements and establishing robust liability structures:

      • Design and review of internal claims processes and reporting systems
      • Interfaces with insurance law and regulatory requirements
      • Risk analyses and preventive measures to avoid liability
      • Support with internal investigations in the event of a claim

Auszeichnungen

Your Team

We will be pleased to provide you with comprehensive and interdisciplinary advice in the areas of legal, tax and compliance.