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Tag Archives: insurance

Posted in Market developments, USA

US: Service of Suit Clauses: Do They Also Dictate the Applicable Law in Reinsurance Disputes?

Hogan Lovells Litigation and Arbitration partner, Pieter Van Tol, has written a recent article, entitled “Service of Suit Clauses: Do They Also Dictate the Applicable Law in Reinsurance Disputes?” The article was published in the last ARIAS Quarterly. This should be of particular interest to practitioners and companies with connections to New York because, as noted in the

Posted in European Union, Market developments, Regulatory and legislative updates, UK

Industry at odds with regulators over new framework for insurance recovery and resolution

There is an emergent divergence of opinion between trade body Insurance Europe and regulators. Will calls for further regulation create more substantial fissures? Insurance Europe, a trade body comprised of insurance associations representing approximately 95% of European premium insurance income, recently issued a press release reaffirming its stance on EU proposals for harmonising recovery and resolution

Posted in Asia, China and Hong Kong, Market developments

The future of Hong Kong’s insurance industry – New focus on reinsurance and captives?

The Hong Kong Financial Services Development Council, an advisory body to the government, has recently released a report on the Hong Kong insurance sector. Its key recommendations are: Boosting the Hong Kong reinsurance market, including by negotiating preferential treatment for Hong Kong reinsurers under C-ROSS, China’s risk-based capital regime, and by extending tax incentives for

Posted in European Union, Regulatory and legislative updates, UK

The Treasury Committee inquiry into EU insurance regulation – what have we learned so far?

http://www.hlinsurancelaw.com/ To supplement its work on the relationship that the UK might seek to have with the EU following Brexit, the Treasury Committee of the House of Commons established in September 2016 an inquiry into EU insurance regulation. The inquiry has four main objectives: to consider the options for the UK insurance industry that are

Posted in Latin America, Regulatory and legislative updates

Mexico: CONDUSEF issues rules for registration of adhesion contracts

Introduction The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) recently issued the General Provisions for the Registration of Insurance Adhesion Contracts, which regulate the organisation and operation of the Registry of Adhesion Insurance Contracts (RECAS). ‘Adhesion contracts’ are non-negotiable insurance contracts which are offered by insurers and accepted ‘as

Posted in European Union, Market developments, Regulatory and legislative updates, UK

Report: Insurance and structured finance – a new dawn?

A growing trend is emerging within the insurance sector, where insurers and other users of insurance products are looking to structured finance solutions both from an investment and risk management perspective. What are the driving forces behind this development? Is regulation enhancing or impeding the trend? What role do insurers and other participants play in

Posted in European Union, Germany, Regulatory and legislative updates, UK, USA

EU/U.S. Covered Agreement: What’s Next?

On January 13, 2017, representatives of the European Union and the United States of America issued a joint statement announcing that they had successfully concluded negotiation of an agreement (the “Agreement” or “Covered Agreement”) that both parties contend “will ensure ongoing robust insurance consumer protection and provide enhanced regulatory certainty for insurers and reinsurers operating

Posted in Regulatory and legislative updates, UK

When insurance pays dividends….. Distribution of long-term insurance profits

On 30 December 2016, the Companies Act 2006 (Distributions of Insurance Companies) Regulations 2016 (the “Regulations“) came into force.  The Regulations apply to distributions made on or after that date by reference to accounts prepared for any period ending on or after 1 January 2016.  A copy of the Regulations is available here. The purpose

Posted in Latin America, Regulatory and legislative updates

Mexico: Special fund requirements clarified

The Ministry of Finance and Public Credit recently issued a ruling interpreting the requirement to establish special funds under the Insurance and Bonding Companies Law. Article 274 of the law requires life, personal accident, medical expense, health, civil and professional liability, maritime and transport, fire, agricultural, automobile, catastrophic and diverse risk insurers to establish special

Posted in Market developments, Regulatory and legislative updates, UK

Event: Insurance and structured finance – a new dawn

A growing trend is emerging within the insurance sector, where insurers and other users of insurance products are looking to structured finance solutions both from an investment and risk management perspective. What are the driving forces behind this development? Is regulation enhancing or impeding the trend? What role do insurers and other participants play in

Posted in Market developments, Regulatory and legislative updates, UK

On your marks, get set, GO! Why has Lloyd’s brought forward the Coming-into-Line date for letters of credit this year?

Lloyd’s of London recently published a market bulletin informing the market that assets and/or documents must be submitted to Market Services by close of business (5pm) on the Coming-into-Line date, Thursday 1st December 2016.  However, if the asset is a letter of credit or bank guarantee, this must be received together with the supporting documentation

Posted in European Union, Market developments, Regulatory and legislative updates, UK

Impact of Brexit on the insurance industry: what’s next?

In this bulletin, we summarise some of the issues the insurance industry now faces following the referendum result. Hogan Lovells has had in place a dedicated constitutional change taskforce led by senior thought leaders from across our business since 2014 to analyse and alert businesses to the issues on the horizon.  We also have a

Posted in Regulatory and legislative updates

The UK has voted to leave the EU

This will inevitably have a number of implications for your business over the course of the next few years.  It is not possible, at this stage, to predict how English insurance law and regulation will now evolve.   We will, however,  be monitoring developments closely and working in some areas to shape the new legal and

Posted in Latin America, Regulatory and legislative updates

Mexico: CONDUSEF issues rules on transparency, publicity and sale of insurance products

This article was originally published in the February 9, 2016 Newsletter of the International Law Office – www.internationallawoffice.com. The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) has issued general provisions to define certain activities that deviate from good practices with respect to the offer and sale of services that

Posted in Regulatory and legislative updates, South Africa

South Africa: Sasol Limited v CINPF: The rules take precedence

Often our courts are called upon to adjudicate disputes relating to the interpretation of rules of pension and provident funds where there is a lacuna or disagreement among the relevant stakeholders.  Sasol Limited v Chemical Industries National Provident Fund [2015] ZASCA 113 (7 September 2015) was one such matter.  The issue at hand was whether

Posted in Asia, China and Hong Kong, Regulatory and legislative updates

China proposes new cyber security rules for insurance industry

On 9 October 2015, the China Insurance Regulatory Commission issued draft Supervisory Rules for Adoption of Information Technology by Insurance Institutions (“Draft Insurance IT Rules“) for public comment.  The public comment period will close on 31 October 2015…. Click here to continue reading….

Posted in Regulatory and legislative updates, South Africa

South Africa: Breaking the golden egg – The pitfalls of written admissions in section 37D of the Pensions Fund Act

The protection of pension fund assets against credits has been a topic of debate in several countries.  The ultimate risk faced by pension fund members and pension fund beneficiaries is the loss of retirement income.  As a general rule, most countries have legislative means which seek to protect pension fund members’ benefits.  Accordingly, South Africa

Posted in Asia, Indonesia, Regulatory and legislative updates

Indonesia: Otoritas Jasa Keuangan (OJK) to get rid of sanctions for insurance companies who fail to meet minimum risk-based capital (RBC) requirement

Background In order to maintain sound financial management, insurance companies in Indonesia are currently obliged to maintain a minimum solvency level of at least 100% of their risk-based minimum capital. Beyond this, insurance companies are also expected to reach the “target” solvency level of 120%, below which the Minister of Finance can require an insurance

Posted in European Union, France, Germany, Hungary, Italy, Poland, Regulatory and legislative updates, Spain, The Netherlands, UK

EU: European Commission to issue Green Paper on Retail Financial Services and Insurance

The European Commission has recently published (2 September ) a roadmap on its forthcoming green paper on retail financial service and insurance. The objective of this Green Paper is to consider the obstacles faced by providers and consumers when offering or purchasing financial services across the EU. It will investigate issues not yet addressed in legislation