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Insurance and Liability

Insurance is all about risk management and monitoring. At Liedekerke, we understand our clients’ viewpoints. For over 40 years we have been providing risk-balanced solutions to our clients, helping them to achieve their business goals.

Liedekerke has developed its insurance practice over the years, keeping in mind that liability and insurance issues are closely related and that dispute resolution is not limited to litigation before the courts. Our Insurance Team is specialised in all areas of the insurance sector, such as life and non-life, maritime and transport insurance. We regularly advise on intermediation and regulatory compliance matters.

In order to offer a full service to the insurance sector, our Insurance Team works in close collaboration with sector specialists from the firm’s other practice areas, such as tax, finance and competition law.

Our specialists offer a complete range of services including advising on claims, negotiating cooperation agreements, drafting or updating insurance policies, advising on regulatory matters, and dispute resolution.

Our clients comprise many Belgian and foreign insurance and reinsurance companies, insurance or reinsurance brokers and agents, banks and other financial intermediaries, professional associations and insured persons.

Olivier VANDEN BERGHE
Partner, Head of Practice
o.vandenberghe@liedekerke.com
T : +32 2 551 14 58

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OUR CLIENTS

Our team advises and represents a wide array of Belgian and foreign insurance and reinsurance companies, brokers and agents, retail and commercial banks and other insurance intermediaries, as well as trade associations and insured persons.

Our clients include domestic entities as well as foreign insurers and loss adjusters who operate in Belgium under freedom of services. We are also regularly instructed by UK and US law firms to advise their clients in relation to Belgian insurance law matters.

We are proud to be able to count amongst our longstanding clients some of the best known insurers with a strong local presence. Our insurance practice has earned a particularly strong reputation for representing corporate clients.

OUR APPROACH

We look at insurance as an activity and as a sector. We have a client-orientated approach, which allows us to efficiently service the needs of the various players in the insurance market, e.g. Belgian or foreign life and/or non-life and speciality (niche) insurers, and brokers or other intermediaries as well as insured persons (unless we have a conflict of interest).

OUR TEAM

Our insurance team is truly multilingual; it advises in French, Dutch and English and has built a strong reputation over the years.

Our specialist insurance lawyers work closely together with sector specialists from other practice areas, such as regulatory, corporate, finance, tax, commercial contracts and competition law.

OUR SERVICES

Insurance lines in which we have particularly strong expertise include property insurance, product liability insurance, professional liability insurance, credit insurance, technical insurance (including construction all risks), fine art & valuables insurance, transport insurance, marine & aviation insurance, and environmental coverage. Our team has also developed a strong practice in the life and health insurance segments.
We advise and assist clients in matters including:

Claims monitoring
Handling of complex claims (e.g. fraud and embezzlement and professional liability claims)
Drafting, updating and negotiating insurance policies and endorsements
Dispute resolution, through negotiation, arbitration or litigation before the Belgian or EU courts.
Agreements between insurers, brokers, banks and other players in the insurance products distribution market
Validating remote selling process of insurance products
Regulatory law applicable to insurers, reinsurers and insurance intermediaries
Setting up underwriting agencies
Captives and alternative risk transfer

On the corporate and regulatory side, we advise life and non-life insurers and re-insurers, service providers, brokers and other intermediaries on the application of Belgian and European regulations affecting the insurance market and we assist clients with entry to the Belgian market under the EEA ‘passport’ system. We also work in close collaboration with the Real Estate and Employment practice groups for business transfers and reorganisations and with the Tax group as regards the taxation of insurance companies and insurance products or operations.

Download our Insurance and Liability brochure in PDF

Experience Highlights
Team members
Publications
News & Events

Recent matters include:

Negotiating the settlement of a major product liability claim between a Belgian food manufacturer and its liability insurer.
Assisting a foreign insurer in successfully entering the Belgian market and quickly gaining a strong presence in niche segments.
Assisting a foreign insurer in developing and organizing the telemarketing of a range of insurance contracts adapted to the Belgian market, including an Accident & Health policy and a Life policy for a large insurance group Reviewing D&O/E&O liability insurance policies for major corporations and advising on risk transfer.
Obtaining a court injunction against a credit insurer to reinstate a 125 million euro credit risk coverage it had suspended as a consequence of the financial crisis and the unavailability of reinsurance possibilities on the market.
Assisting a major travel insurance company in terminating the agreement with its underwriting agency and in dealing with the financial, commercial and regulatory consequences of the former underwriter’s bankruptcy.
Reviewing the new general terms and conditions of the Belgian market leader for aviation insurance.

Seminars

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What others say about us

« What we particularly appreciate is the team’s success rate in litigation, its adherence to deadlines, its great pro-activity and the quality of its drafts. Also of great importance is Liedekerke’s experience and familiarity with our insurance business » says the Legal Counsel of a specialist insurer.

The Head of Legal at another company praises « the great availability of the team ». He adds: « Their opinions are concise, practical, to the point ».

The Legal Director of a multinational values the involvement of partners at Liedekerke. “Even if the contact partner delegates to an associate, he or she remains perfectly on top of matters”.

For the Head of Legal of one of the largest Belgian insurers, Liedekerke “is in a very strong position since we are looking for a pragmatic service, with experienced, responsive lawyers”. “We enjoy the relationship with Liedekerke”.

--Liedekerke Clients Survey

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