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Insurance / Reinsurance

Insurance and Reinsurance is a key practice area of the Firm.

Like shipping, the foundation of the Firm, from its inception, was built on Insurance and Reinsurance practice.

Over the years, since the Firm commenced practice, it has developed in-depth and extensive experience in insurance and reinsurance work in all classes of insurance.

  • Bailee Liability
  • Bankers Blanket Bonds
  • Contractors’ All Risks
  • Captive Insurance
  • Director’s and Officers’ Liability
  • E-Commerce Policies
  • Energy
  • Erection All Risks
  • Errors & Omissions
  • Fidelity Guarantees
  • Fire and Consequential Loss
  • Freight Forwarders’ Actions
  • Marine Insurance : Hull & Cargo
  • Media Insurance
  • Medical/Clinical Negligence
  • Mergers and Acquisitions
  • Money Policies
  • Motor
  • Oil & Gas
  • Power Plant Insurance
  • Performance Bonds
  • Personal Injury
  • Political Risks Insurance
  • Product Liability
  • Professional Indemnity
  • Public Liability
  • Reinsurance
  • Run-offs and consolidation of insurance companies
  • Workmen’s Compensation

The Firm has represented a diverse set of clients in multiple complex insurance and reinsurance disputes across all major classes of insurance such as bailee liability, e-commerce policies, fidelity guarantees etc. The litigation teams in the Firm have represented clients across multiple jurisdictions in insurance and reinsurance disputes, including arbitrations, particularly in Malaysia, Indonesia, Thailand, Philippines, Hong Kong, Japan, Australia, India, Sri Lanka, France, Switzerland, Germany, Sweden, Netherlands, Turkey, United Kingdom and USA, apart from Singapore itself.

In almost all classes of insurance, the litigation teams in the Firm have an outstanding track record of having pushed the boundaries to establish landmark decisions apart from notable decisions. The insurance litigation team has also been commended for providing proactive and practical legal approaches to address complex legal issues arising from claims faced by insurers and reinsurers.

Of particular significance is that the Firm has acted as lead counsel in the only reported case in Malaysia involving a claim under an Event Cancellation Policy where a unique space exhibition had to be cancelled due to alleged force majeure. Lead counsel from the Firm successfully defended insurers in this claim, which went all the way to the Apex Court in Malaysia. The Firm also appeared as lead counsel in a dispute involving novel issues of interpretation and application of reinsurance terms and conditions under a facultative reinsurance arrangement involving multiple reinsurers.

The litigation teams in the Firm have also been involved in a number of reinsurance disputes between insurers and reinsurers, reinsurers and retrocessionaire, in arbitral proceedings including in the UK.

Apart from providing litigation counsel, members of our highly skilled team of lawyers also provide advisory and consultancy services on a wide range of legal issues concerning insurance and insurance practices and procedures.

Our advisory work includes advising clients on regulatory and procedural issues related to insurance and setting up of insurance businesses in various jurisdictions.

Our advisory and consultancy practice is not restricted to Asia Pacific but spans across continents. We have in the past advised high-value clients such as the American Express Bank, Mastercard, JPMorgan, and Schlumberger.

The advisory and consultancy practice of the Firm has also been involved in another substantive area of the work, which is in formulating and drafting of insurance policies.

With the substantive track record and experience in insurance and reinsurance, the lawyers from the Firm, have also participated in seminars and workshops with the clients to share industry knowledge and developments in the law.

Our lawyers advise international insurance companies on insurance regulations in Singapore.

We also advise and act on behalf of corporations and individuals in litigation and negotiation proceedings related to third-party insurance claims from motor vehicle collisions, and industrial accidents.

Some Reported Cases:

  • Netherlands Insurance Co Est 1845 Ltd v Karl Ljungberg & Co AB [1986] 3 All ER 767 [Privy Council] **
  • Cold Storage Holdings Plc & Ors v The Overseas Assurance Corpn Ltd & Anor [1989] 2 MLJ 324 [Court Of Appeal] **
  • Federal Insurance Co v Nakano Singapore (Pte) Ltd [1992] 1 SLR 390 [Court Of Appeal] *
  • Overseas Union Insurance Ltd v Turegum Insurance Co [2001] 3 SLR 330
  • Overseas Union Insurance Ltd v Home & Overseas Insurance Co Ltd and another application [2002] 2 SLR 497
  • Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd [2002] 4 SLR 104
  • Putra Perdana Construction Sdn Bhd v AMI Insurance Bhd & Ors [2005] 2 MLJ 123 **
  • Allianz Insurance Co (Singapore) Pte Ltd and others v Ma Shoudong and another [2011] 3 SLR 1167
  • Maxi Development Sdn Bhd & Ors v Allianz General Insurance Malaysia Bhd [2011] 1 MLJ 654
  • AM Assurance Bhd v AXA Affin Assurance Bhd [2012] 5 MLJ 137
  • Perusahaan Sinar Jaya Sdn Bhd v Etiqa Insurance Bhd [2013] 8 MLJ 317
  • Best Venue Sdn Bhd v Allianz General Insurance Company (M) Bhd [2015] 4 CLJ 219
  • AmGeneral Insurance Bhd v Iskandar bin Mohd Nuli [2016] 1 MLJ 818 **
  • Allianz General Insurance Company (M) Berhad & Others v Kapar Energy Ventures Sdn Bhd [2016] 1 LNS 1784 *
  • Allianz General Insurance Malaysia Berhad v Maxi Development Sdn Bhd & Ors [2017] 1 LNS 806
  • Iskandar bin Mohd Nuli v AmGeneral Insurance Bhd (Previously known as AmG Insurance Bhd) [2017] 5 MLJ 25 **

NOTE: ** Landmark Decisions; * Notable Decisions