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Tag Archives: insurance

Posted in European Union, Regulatory and legislative updates, UK

The Treasury Committee’s Report on EU Insurance Regulation – What’s next for the PRA and the UK insurance industry?

In September 2016, the treasury committee of the House of Commons (the Committee) launched an inquiry into EU insurance regulation and to supplement its work on the relationship that the UK might seek to have with the EU following Brexit. Following the publication of various submissions and further evidence from a variety of market participants

Posted in Regulatory and legislative updates, UK

UK: Seminar – Insurance investments – challenges and opportunities

Thursday, 19 October 2017 8:30 am – 10:00 am London As traditional fixed income strategies continue to generate declining returns in the low-yield environment, insurers are increasingly looking at alternative forms of investment. Alternative asset classes, such as infrastructure, offer potential opportunities for increased returns, as do non-traditional investment vehicles, such as direct lending, debt

Posted in Regulatory and legislative updates, UK

Implementing Blockchain in the Real World

Last week we held a conference where we brought together blockchain experts and industry thought-leaders in a number of sessions, sharing insights on how to embrace the technology whilst navigating the legal and regulatory framework. Our interactive breakout sessions explored distribute ledger technology and blockchain in areas such as capital markets, insurance, market infrastructure and

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?

https://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