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Category Archives: European Union

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

Watch our Insurance Linked Securities Seminar

On Tuesday 26th April Hogan Lovells hosted a live webinar on the topic of insurance linked securities. Featuring speakers from HM Treasury and HM Revenue & Customs, the session examined the UK government’s recent consultation paper on the topic and its plans to transform the UK into a hub for ILS transactions. The informative discussion also provided

Posted in European Union, Regulatory and legislative updates

‘The new Insurance Distribution Directive: changes to the regulation of insurance intermediaries in the EU

The new Insurance Distribution Directive, which came into force con 22 February 2016 and updates the 2002 Insurance Mediation Directive, sets out a framework for regulating EU insurance brokers, agents and other intermediaries. The key elements of the new Directive, which shall be transposed into national laws and regulations in a two-year term,  are (i)

Posted in European Union, Market developments, UK, USA

The Joint Comprehensive Plan of Action (“JCPOA”) – Implementation Day

Under the JCPOA, the EU 3+3 agreed to lift certain economic and financial sanctions against Iran in return for Iran complying with its nuclear-related obligations.  For further detail of the structure of the JCPOA, please see our prior blog post on 17 July 2015. On 16 January 2016, Implementation Day, the International Atomic Energy Agency

Posted in Case reports, European Union

EU: Where in the world?

2015 saw some interesting judgments dealing with jurisdictional questions of relevance to the insurance market. In this article we look at two of these. Where will we be sued? Jurisdictional uncertainty for insurers and insureds In Mapfre and another v Keefe, the Court of Appeal considered whether the English court had jurisdiction over a direct

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

Posted in European Union, Regulatory and legislative updates, Spain

Delay in the development of regulatory technical standards of KIDs for PRIIPs

PRIIPs are a kind of product which constitutes a market worth up to €10 trillion in the EU according to European Commission estimates. The Joint Committee of the European Supervisory Authorities (ESAs) -EBA, EIOPA and ESMA- were mandated by the PRIIPs Regulation to develop draft Regulatory Technical Standards (RTS) on the content and presentation of

Posted in European Union, Regulatory and legislative updates, Spain

ESMA, EBA and EIOPA’s joint technical discussion paper on KID for PRIIPs

PRIIPs are a kind of product which constitutes a market worth up to €10 trillion in the EU according to European Commission estimates. The Joint Committee of the European Supervisory Authorities (ESAs) -EBA, EIOPA and ESMA- were mandated by the PRIIPs Regulation to develop draft Regulatory Technical Standards (RTS) on the content and presentation of

Posted in European Union, Regulatory and legislative updates, Spain

Infrastructure Investment Risk Management – EIOPA’s consultation paper

Last 2 July 2015 EIOPA published its Consultation Paper on the Call for Advice from the European Commission on the identification and calibration of infrastructure investment risk categories. This Consultation is a natural response to the continuous increase experienced in infrastructure investment and promoting initiatives in the last years, not only at a global level

Posted in European Union, Market developments, UK, USA

Sanctions Update – Historic nuclear deal struck with Iran: What does this mean for sanctions?

After months of negotiation China, France, Germany, Russia, the UK and the United States (known as the “EU+3”) and Iran reached an agreement, the joint comprehensive plan of action (“JCPOA”), regarding Iran’s nuclear program. Currently, EU and US sanctions prohibit a wide range of (re)insurance activities connected to Iran and impose sweeping asset freezes on

Posted in Asia, European Union, France, Germany, Hungary, Italy, Latin America, Poland, Regulatory and legislative updates, Russia, Spain, The Netherlands, UK, USA

Proposal by Obama Administration Seeks to Limit U.S. Federal Income Tax Deductions for Reinsurance Premiums Paid by U.S. Cedents to Affiliated Non-U.S. Reinsurers

What is Being Proposed In an effort to reduce perceived U.S. tax advantages for certain multinational insurance and reinsurance groups with U.S. operations, the Obama administration in its 2016 Fiscal Year Budget Revenue Proposals seeks new legislation that would deny a U.S. cedent a federal income tax deduction for premiums paid to an affiliated non-U.S.

Posted in Asia, European Union, France, Germany, Hungary, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

Recognition for Hogan Lovells’ Insurance Team from Who’s Who Legal 2015

Who’s Who Legal has just released its Insurance & Reinsurance 2015 Analysis, “a comprehensive analysis of the market, featuring 559 leading practitioners from 280 firms across 58 jurisdictions”, that highlights Hogan Lovells’ top international insurance practice.   As the Analysis points out, “[o]nly a relatively small number of law firms can boast a global network of

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

EU/US: Breaking barriers in Transatlantic Reinsurance

Two of the key opportunities envisaged by the recent London Market Group’s report into the future of the London Insurance Market, was to break down barriers to reinsurance and reduce the cost of doing business for the London Market. It will therefore be welcomed that last month, the Council of the European Union issued a

Posted in Asia, European Union, France, Germany, Italy, Latin America, Poland, Regulatory and legislative updates, Russia, Spain, The Netherlands, UK, USA

Jurisdiction and Governing Law Rules in the European Union

To help litigants navigate those rules and avoid missing tactical opportunities at an early stage in a dispute, we have prepared a note which summarises the three key European Union Regulations and provides easy to navigate flow charts.

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

EU: Adoption of the new KID Regulation concerning PRIIPS

The Official Journal of the European Union published on 9 December 2014 the new Regulation on the Key Information Document of the Packaged Retail and Insurance-based Investment Products. Its application is envisaged for the 31 December 2016. The Regulation on the Key Information Document (KID Regulation) shall be applicable for any investment product targeted for

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

EU: IMD2 – Where are we now?

Progress has been made recently with the Council of the European Union agreeing its general approach on the Insurance Mediation Directive 2 (“IMD2”) on 5 November 2014. This allows negotiations to begin with the European Parliament. The European Commission originally presented a proposal for a revised insurance mediation directive in July 2012 and, following initial

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

Ebola: insurance under the microscope

Ebola continues to devastate West Africa.  Over 14,000 cases including 5,000 deaths have been reported. Whilst the threat of a global outbreak remains relatively low, this crisis and the recent discovery of avian flu in Britain have again brought to the fore the exposure the (re)insurance industry has to pandemics. Prudent (re)insurers should use this

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Regulatory and legislative updates, Russia, Spain, The Netherlands, UK, USA

Global Insurance Seminar and Webinar Programme 2014/15

The Hogan Lovells Global Insurance Seminar and Webinar Programme for 2014/15 was launched in March. We have since put on a series of seminars and webinars covering topics of interest to our insurance and reinsurance clients around the world, hosted by our local insurance specialists. Click here for more information.  

Posted in Asia, Case reports, European Union, France, Germany, Italy, Latin America, Poland, Russia, Spain, The Netherlands, UK, USA

When do insurers need to charge themselves VAT?

This article was first published in Global Reinsurance Magazine on 30 September 2014 and is reproduced in the blog with kind permission of the publishers. The answer lies in the findings of a recent case at the European Court of Justice. The case found that when a company’s head office supplies services from a third

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

What the future holds for reinsurance arbitration clauses

This article was first published in Global Reinsurance Magazine on 14 August 2014 and reproduced in the blog with kind permission of the publishers. The time-honoured reliance on arbitration to settle disputes is under threat as reinsurance contracts evolve. Is the use of arbitration to settle disputes fading in the international reinsurance market? While confidentiality

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

Emerging risk: Arctic exploration, drones, bitcoin and artificial intelligence

This article was first published in Global Reinsurance Magazine on 1 August 2014 and reproduced in the blog with kind permission of the publishers. The world is ever changing.  Change creates opportunity but with opportunity comes risk. With this, underwriters, brokers, risk analysts and others face new challenges.  Some new risks, like cyber security, receive a

Posted in European Union, France, Germany, Italy, Market developments, Poland, Spain, The Netherlands, UK, USA

EU and US Dialogue Project

In 2012 a formal dialogue was initiated between the EU and the US with the objective of enhancing understanding and cooperation for the benefit of insurance consumers, business opportunity and effective supervision. In December 2012, following a year of collaboration, the project published the EU-U.S. Dialogue Project Technical Committee Reports Comparing Certain Aspects of the

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

*SAVE THE DATE* – Global Insurance Seminar and Webinar Programme 2014/15

We are pleased to announce that the third webinar in the Hogan Lovells Insurance Seminar and Webinar Programme 2014/15 will take place on Wednesday 10 September 2014 at 9:00 (PDT)/12:00 (EDT)/17:00 (BST). The seminar will cover: Fundamentals of Bad Faith Litigation in California: New Developments Click here for further information.

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

EU: Insurance Block Exemption – European Commission seeks views on its future

The current Insurance Block Exemption Regulation (IBER) expires on 31 March 2017, and the European Commission is required to report to the Council and European Parliament by March 2016 on the functioning and future of the IBER. To facilitate the preparation of this report, the Commission has issued a consultation seeking views on the IBER,