Insurance and tort

The lawyers in our department are specialists in insurance and tort, in Belgian and Luxembourg law, as well for all aspects of the cross-border provision of insurance and intermediation services.

Our department is able to meet all the specialised and specific needs of insurers and intermediaries .

Its counselling and dispute management services are available throughout Belgium and Luxembourg. Moreover, it has access to networks of international professionals .

Our lawyers are able to enrich their experience through their privileged contacts with sector players, mainly gained through many outsourcing missions awarded by insurance companies in the field of legal or compliance services.

Many have authored academic publications  on insurance and tort law, and they regularly speak at seminars  in Belgium and Luxembourg.

We offer high-level competence in all issues associated with insurance law and tort law, whether with regard to Belgian or Luxembourg law, and with a special focus on aspects associated with cross-border operations and the EU’s freedom to provide services (FPS)

Our insurance and tort department has specialist expertise in drawing up contractual documents governing relations between the different players in the insurance world. It supports these same players in overcoming the challenges posed by the application of supervisory laws, regulation and compliance.

Our lawyers provide counselling as well as dispute management in the field of insurance and tort.

A few examples illustrating our fields of action regarding life insurance, investment insurance (branch 21, branch 23, dedicated funds, specialised insurance funds), non-life, private health insurance, group insurance, loan and deposit insurance, D&O insurance, construction/architects, re-insurance and co-insurance:

  • Rules governing the distribution of insurance products (AssurMiFID, PRIIPS, IDD, e-commerce, digitalisation, FinTec/InsurTec, privacy, joint offers, etc.)
  • Licensing terms and condition for various insurance classes
  • Restructuring measures (transfers of insurance portfolios, liquidation, run-off, …)
  • Relations between insurance companies and insurance intermediaries (contracts, commissions, sector-related professional rules, etc.)
  • Professional secrecy of insurance companies and intermediaries under Luxembourg law
  • Drafting and compliance checking of insurance terms and conditions (sign-off)
  • Opinions on coverage
  • Fraud
  • Litigation (courts, arbitration)
  • Judicial and non-judicial surveys
  • Tax aspects of insurance premiums and proceeds

With regard to tort issues:

  • Legal counselling on contractual risk management (clauses limiting liability, warranty clauses, adequate insurance coverage)
  • Professional liability (doctors, accountants, auditors, legal professionals, etc.)
  • Banking liability
  • Product liability
  • Nuclear liability
  • Work-related accidents
  • Assessment of bodily injury
  • Traffic accidents

Our lawyers specialized in this practice area :