A World Wide network of independent insurance and reinsurance lawyers, dedicated to the Insurance and Risk Management Communities.

INSURALEX EXPERIENCE

Insuralex works for a wide range of clients including insurance and reinsurance companies, Lloyd’s syndicates, insurance and reinsurance brokers as well as captives and self insured companies.

Each member of Insuralex is considered to be a leading practice in this specialist field within its national jurisdiction.

The group has represented major companies in some of the most significant disputes including:

  • FIDES: report on insurance regulatory matters in the countries where FIDES has member insurer associations.
  • Advised a Miami-based reinsurance brokerage firm on corporate and regulatory licensing requirements throughout Latin America.
  • Advised on US$40 million property claim in Argentina on behalf of the London reinsurance market.
  • Advised on US$45 million surety bond claim in Argentina on behalf of the Swiss and German market.
  • Advised on product liability global class action in Argentina on behalf of the French insurance market.
  • Represented Tokio Marine Seguradora S.A. (“Tokio Marine Brasil”) in the class action filed by Public Prosecutor Office seeking indemnification to the families of the victims of the aircraft crash on November 29, 2016, with the Brazilian soccer team of Chapecoense, against Tokio Marine Brasil, Tokio Marine Kiln Group Limited, Tokio Marine Kiln Syndicates Limited, AON Benfield Brasil Corretora de Resseguros Ltda., Aon UK Limited, Aon Benfield Limited, Lamia Corporation S.R.L. and Bisa Seguros Y Reaseguros S.A. Insuralex Brazil (Pinheiro Neto) succeeded in having its appeal granted by the Federal Appellate Court to dismiss the case due to the lack of Public Prosecutor’s standing for such a claim.
  • Assisted Sompo Seguros S.A. in setting a strategic solution to the dispute involving travel insurance assistance operated by Travel Ace Assistance. Our approach was for a swift and controlled solution by means of mediation, which brought a very adequate settlement in a short term and with low costs.
  • Represented AON Holdings Corretores de Seguros Ltda. in a class action filed by the Public Prosecutor’s Office seeking sanctions and indemnification against individuals and brokers for alleged improper structuring of insurance for the public entity Infraero (responsible for the development, administration, operation, and industrial and commercial management of airports and related infrastructure). After several years of litigation, with multiple interlocutory appeals, Insuralex Brazil (Pinheiro Neto) succeeded in obtaining the closing of the discovery phase and an award dismissing the Public Prosecutor’s claim.
  • Advised a regional insurance group in their acquisition of the life and health insurance portfolio of a Puerto Rican insurer operating in Costa Rica.”
  • Advising a Lloyd's syndicate in connection with the settlement of passenger claims arising out of an air crash of a Costa Rican airline.
  • Advised a regional insurance broker in their acquisition by a global insurance brokerage firm in Central America.
  • Advising a large, U.S.-based international P&C insurance group on regulatory and contracts issues related to structuring mass-market distribution of insurance products in Costa Rica and throughout Central America.
  • Advising a Lloyd's syndicate in connection with the settlement of passenger claims arising out of an air crash of a Costa Rican airline.
  • Advised regional insurer ASSA on its acquisition in Costa Rica of 100% of the life and health insurance portfolio of Puerto Rican insurer Triple-S Blue, Inc. (formerly operating as Blue Cross – Blue Shield), including M&A advice and all merger control and insurance regulatory approvals.
  • Advised global insurance brokerage firm Marsh McLennan on its acquisition of 100% of Costa Rican insurance brokerage firm ASPROSE, including M&A advice and all regulatory approvals.
  • Advice on several files related to the 2010 earthquake in Chile. This was the largest insurance event in the history of Chile with a total of 240,000 claims and US$7 billion in losses paid. Insur- alex’s exclusive member in Chile was involved in several of the largest files providing coverage advise and other related assignments.
  • Advised on the Oil Spill at San Vicente Harbour, Chile. A crude oil spill affecting Petrox Refinery, with a total of 5,600 claimants, largest number in any environmental case in Chilean history. Ongoing litigation pending review by the Chilean Supreme Court, acting for defendants.
  • Advice to Zurich Insurance Company Ltd. in Colombia concern- ing the incorporation and launch of operations of a local insur- ance company, Zurich Colombia Seguros S.A.
  • Advice to QBE European Operations in relation to the legal claims arising from a major oil spillage of Petroecuador (oil company of Ecuador) occurred on the Pacific coast of Colombia.
  • Advised BMI in the attempt to collect medical expenses insurance for more than $5Million.
  • Representing an insurer in a dispute between insurance agent and insurer, in which the Insurance Agent sued the insurer for millions of pesos in damages and losses, for an alleged unlawful act, consisted in a rescission of agent contract insurance. This matter is one of the most important cases due to the total amount in damages involved.
  • Advising Grupo de Inversiones Suramericana, S.A. (Grupo SURA) in the acquisition of ING Pensiones, S.A. de C.V., ING Afore, S.A. de C.V., and ING Investment Management (Mexico), S.A. de C.V., Sociedad Operadora de Sociedades de Inversión.
  • Legal advice and support to local insurer and a foreign reinsurer regarding claims made by the Panama Canal Authority over the performance and advance payment bonds totaling US$600 million for the Panama Canal expansion project.
  • Advised on and obtained the regulatory approval for the acquisition of the operations of Assicurazioni Generali S.p.A. by a local insurer in the Republic of Panama.
  • Legal support on policy coverage issues regarding a fuel thermal power plant in Peru. The owner claimed an indemnification for damages for US$57 million and US$26 million loss of profit (ALOP).
  • Advising leading companies on their establishment in Uruguay and obtaining operating licenses, as well as in M&A processes.
  • Insuralex’s exclusive member in Uruguay advised AIG on the sale of its Uruguayan subsidiary to the Canadian property and casualty insurer Fairfax Financial Holdings Limited.
  • Insuralex’s exclusive member in Uruguay assisted Uruguayan insurance company HDI, part of the German group TALANX, in the acquisition of the whole portfolio of a Uruguayan transport insurer.
  • Advice to Cursud N.V (an affiliate of Zurich Insurance Group) in the sale of its majority shareholding in Zurich Seguros, S.A. (Venezuela).
  • Advice to Fairfax Financial Holdings Limited in its attempt for the indirect acquisition of C.A. de Seguros American Interna- tional (Subsidiary of AIG in Venezuela).
  • Retained by Ecclesiastical Insurance represent various nursing homes and long-term care homes to defend class actions in relation to the COVID-19 Pandemic, the certification of which is currently being argued in Toronto.
  • Retained to defend Honeywell in relation to an explosion where the damages sought were in excess of $200,000,000.00 CAD.
  • Retained to defend Honeywell in relation to a warehouse fire where the damages are estimated to be in excess of $1,000,000,000.00 CAD.
  • Retained by TD Bank where our firm was successful on summary judgment and on appeal in relation to an assault in the ATM vestibule
  • Successfully defended American Express in the lower court and on appeal in relation to a personal injury accident in Venice Italy, where the action was brought in Canada. This matter has been given leave to be heard at the Supreme Court of Canada later this year.
  • The Mont Blanc tunnel fire
  • The Linate airport disaster
  • The Toulouse explosion
  • The AGF/Wasa/Lexington UK Supreme Court case
  • Italian 2003 Blackout
  • Chubb & AIG vs. Parmalat & others case
  • The Maconda Well incident (involving the platform Deepwater Horizon)
  • Litigation arising from the 9/11 attacks
  • Disputes occurring during the Athens Olympic Games
  • The Chinese Slimming Herbs litigation in Belgium, Holland and Luxembourg
  • The Turkish Airlines crash at Schiphol airport
  • The Buncefield explosion in the UK
  • Fuel Tanks Fire at Ultra-Cosan-Raízen in Santos (Brazil) - 10 days of fire
  • International product liability class action claims related to defective medical devices in a large number of patients
  • D&O and surety bond claims related to corruption scandals in Argentina and Brazil
  • Other plant disasters and catastrophes
  • Advice and representation in relation to Coronavirus (COVID-19) related losses and liabilities, including business interruption losses, and policy / coverage reviews relative to exposures due to the pandemic in various African countries.
  • Claims by an international gold mining company against an insurer based in the Democratic Republic of Congo (DRC), under an assets all risks insurance policy with malicious damage extension, for damage to property and business interruption loss following riots and strikes, malicious damage to property and murder, involving the local militia, at certain mines in the DRC
  • Representation of a credit risk insurer in legal proceedings instituted by an international investor under a payment guarantee policy which had been issued in fraudulent circumstances, as well as advice in relation to coverage for any resultant liability under the client’s commercial crime and civil liability insurance policy.
  • Review of all insurance covers (across all lines / classes of insurance) within a global insurance programme for a global telecommunications company in order to identify potential risks, exposures and gaps, and to advise on renewals
  • Advice regarding the laws of Ghana, Singapore and South Africa provided to an international investor regarding obtaining on-demand guarantees and financial security instruments from insurers in relation to its financial credit risk, relative to payments to be made by third parties following various transactions concluded in Africa.
  • Advice and representation in relation to South African Special Risk Insurance Association (SASRIA) cover, and Riot Wrap covers, following claims arising from social unrest and rioting in South Africa in July 2021.
  • Advice to a South African gold producer on its potential reputational risks relative to the employment of a cell captive insurance structure for the placement of directors and officers liability insurance cover, as well as the formation and establishment of the cell captive and its structure, and policy wording in relation to both primary and difference-in-limits (DIL) / difference-in-conditions (DIC) covers.
  • Claims and policy wording in relation to construction and engineering risks, including contractors all risks (CAR), erection all risks (EAR), machinery breakdown and business interruption (BI) covers.
  • Disposal by an insurer of its direct personal lines business to a subsidiary of a specialised insurance and related services company, in exchange for an increased stake in the specialised insurance and related services company; as well as the acquisition of a life insurer in Ghana by a large South African life insurer.
  • Scoping of a large South African financial services provider’s insurance business (inclusive of a Kenyan entity) in compliance with insurance regulation; as well as representation of five insurance companies in Mauritius in an investigation by the Competition Commission of Mauritius into an alleged existence of a cartel in the provision of private health insurance cover

INSURALEX VISION

The group’s policy embodies a shared philosophy.

We believe in the importance of:

  • Pro-activity
  • Deep and long term relationships with clients
  • Commercial awareness
  • High quality standards
  • Pragmatism
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