Insurance and Pensions
Insurance and pensions require a combination of legal precision, sector insight and practical problem-solving.
Haavind’s specialists advise stakeholders across the insurance value chain, including insurance undertakings, insurance intermediaries, policyholders and injured parties. We provide end-to-end support, from ongoing advisory work and commercial clarifications, through claims handling and negotiations, to mediation (court-administered and party-initiated), arbitration and litigation before the state courts. Our work ranges from traditional loss and liability matters to more business-oriented assignments such as licensing applications and regulatory advice, product development and policy wordings, and the negotiation of insurance contracts. We also advise regularly on pensions and have established a number of pension funds. Our aim is to identify the solution that best protects the client’s interests in each matter, through leading expertise, clear advice, strong case management and efficient handling of both the law and the facts.
How we can help
We advise insurance undertakings, insurance intermediaries and asset managers on ongoing regulatory matters and practical compliance in a complex regulatory landscape. We work closely with the client’s legal and compliance teams to deliver robust and workable solutions. Our specialists regularly assist with:
- Establishment and structuring of operations, including branches and cross-border activity
- Assessments relating to distribution and sales channels, and contractual structures within the insurance value chain
- Advice in connection with supervisory reviews, regulatory measures and dialogue with public authorities
We assist with the development, review and quality assurance of insurance products and related documentation, with a focus on clarity, risk allocation and operational manageability in claims handling and disputes. Our specialists regularly assist with:
- Drafting and revision of policy terms and conditions, exclusions, safety requirements and definitions
- Assessing the alignment between policy wordings, customer documentation and claims processes
- Reviewing standard texts, process descriptions and templates used in underwriting and claims handling
- Advice on the interface between insurance contracts, underlying contracts and principles of the law of damages
We advise on the negotiation and placement of liability insurance programs, acting for both insurance undertakings and policyholders. We contribute structure, negotiation support and precise drafting that reduces ambiguity and the risk of disputes later. Our specialists regularly assist with:
- Negotiation of professional indemnity (E&O), directors’ and officers’ liability (D&O) and other liability insurances
- Reviewing contractual risk and liability regimes, and translating them into appropriate insurance solutions
- Underwriting advice for transaction insurance, primarily W&I insurance, including review of the proposed coverage structure, key exclusions, limits, period of cover and alignment with the transaction documentation
- Advice in connection with renewals, amendments and portfolio adjustments, including “claims made” issues where relevant
We provide prompt and thorough advice on coverage issues and advice clients throughout the life cycle of a claim. We focus in particular on getting the process, documentation and early positioning right, as this is often decisive for the outcome. Our specialists regularly assist with:
- Coverage analyses and advice on rights, obligations and time limits
- Handling of the duty of disclosure, notification requirements, loss mitigation and other policy conditions
- Settlement dialogue and negotiations, including assessment of evidence and loss documentation
- Subrogation and complex recourse claims, including coordination where multiple layers of insurance or multiple stakeholders are involved
- Reinsurance issues in settlement and claims matters, particularly where reinsurance arrangements affect handling, allocation or settlement of the underlying claim
Where a matter cannot be resolved through dialogue, we assist throughout the dispute process. We develop dispute strategy, ensure structured management of evidence and procedure, and conduct cases before the courts or in arbitration. Our specialists regularly assist with:
- Negotiations and mediation (both court-administered and party-initiated mediation)
- Litigation and arbitration in coverage and liability disputes
- Disputes concerning recourse and allocation between insurance market participants, including matters where reinsurance elements drive the dispute
- Large and complex matters where insurance forms a central part of the overall picture
- Choice-of-venue and choice-of-law questions as well as enforcement issues, particularly in connection with claims involving cross-border elements
We advise pension funds, asset managers and employers on pension-related matters. We have established a number of pension funds and drafted many occupational pension schemes. Our specialists regularly assist with:
- Establishment and structuring of pension funds, including licensing processes, governance arrangements and required documentation
- Design, amendment and harmonisation of pension schemes, including review of terms, rules and member communications
- Business transactions and reorganisations where pension schemes and historic arrangements must be mapped and addressed
- Advice relating to asset management, including investment frameworks, mandates, policies, risk management and oversight of external managers
- Advice in connection with regulatory dialogue and supervisory matters relating to pensions
