We are one of the few firms to combine extensive FSA expertise with a substantial insurance practice. We provide regulatory and related commercial advice across the insurance sector, advising general insurers, life companies, brokers and other insurance intermediaries. Our team, which comprises 18 lawyers, is dedicated solely to regulatory matters, and unlike many law firms, advises on both contentious and non-contentious matters.
At the moment we are heavily involved with a number of topical issues within the industry, such as Solvency II, Retail Distribution Review, pensions buyouts, hypothecation of with-profits funds and issues surrounding PPI, as well as talking to clients about current market conditions and the opportunities and risks that these bring, including market consolidation issues.
A range of services, the team advises on:
- Corporate projects, such as mergers, acquisitions and Part VII transfers
- Product design
- Distribution arrangements
- Regulatory projects
- Day-to-day compliance
- Investigations and enforcement
- FOS issues
- Litigation
Relevant experience includes:
- Advising insurers, intermediaries and trade associations on FSA rules
- Defending an insurer against a substantial claim brought by FSCS
- Analysing marketing strategies in order to reduce the impact of regulation on sales volumes and helping to address FSA’s concerns over areas such as conflicts of interest and treating customers fairly
- Restructuring of general insurance products to avoid intermediary regulation
- Designed and helping life companies launch a number of innovative investment products including SIPPs, personal pensions and investment bonds
- Advising on numerous regulatory investigations into the insurance sector. Most recently, we have been heavily involved in FSA investigations into the PPI market, advising a number of clients on what it means for their business and, in particular, how they can distribute products in a manner that satisfies FSA’s rules and ensures that customers are treated fairly. We are also advising on possible FSA action against the directors of a life company. Historically, we advised many life companies on pensions and endowment reviews
- Advising a number of insurers and intermediaries on their internal compliance procedures, drafting compliance manuals, preparing applications for FSA authorisation and passporting notifications, conducting staff training, assisting with the establishment of systems and controls, governance and organisational structures and advising on the application of the insurance conduct of business and client money rules to their business
- Advising insurers on insurance business emes (Part VII transfers), including cross-border
- Advising insurers and intermediaries on distribution arrangements in the UK and Europe
- Advising on outsourcing arrangements, such as telesales and claims handling