Insurance & Reinsurance Disputes

Representation of a pharmaceutical company against its insurers with regard to the recovery of liability and defense costs incurred in the underlying US litigation and damages due to liability after the client was served with an US class action lawsuit involving hundreds of plaintiffs. The insurance tower provides for CHF 150 million in coverage. 

Representation of an internationally operating bank against three different insurance carriers in three different proceedings. The dispute concerns the bank’s business liability insurance programme. The value in dispute was in excess of CHF 50 million. The underlying liability dispute was in the middle east. 

Representation of a group of medical clinics in a dispute against an insurer concerning coverage for business interruption. The dispute arose in the wake of the Covid-19 crisis after the Swiss Federal Government had imposed a ban on hospitals and clinics to carry out medical treatments other than those necessary for treatment of Covid-19 patients. The value in dispute was CHF 7 million. 

Representation of a multinational trading company against its insurer in Switzerland in a multimillion coverage claim in connection with the corporations’ global business liability insurance which provided for coverage of product recall costs. The underlying liability concerned a recall of more than 22,000 electronic devices from the Australian market. The value in dispute was in excess of USD 30 million. 

Representation of an asset management company in connection with professional legal protection insurance policy which provided for coverage of legal defence costs. 

Representation of a multinational corporation specialising in products and services for electrical and optical connectivity in a claim for insurance coverage after the corporation became the victim of a targeted cyberattack. The value in dispute was EUR 10 million. 

Representation of a domestic wood manufacturer and processor whose business has been severely affected by a fire in one of its premises. The case concerns a claim for coverage for business interruption and property damage. 

Representation of a domestic company providing services for car repair and tuning after a fire in one of its business premises. The case concerns a claim for coverage for business interruption and property damage. 

Representation of a multinational agrochemical corporation in a coverage dispute against its insurance tower consisting of three layers and 14 insurers, providing coverage for USD 650 million in total. The arbitration proceedings seated in Switzerland under the Swiss Rules of Arbitration is against all eight co-insurers providing coverage for the first excess layer (USD 250 million). The underlying liability proceedings were in the US (multi district litigation) with hundreds of plaintiffs. 

Representation of a multinational corporation in a coverage dispute against its insurance tower consisting of four layers and 16 insurers, providing for coverage of USD 675 million in total. The seat of the arbitration was Switzerland and the Swiss Rules of Arbitration applied. The coverage dispute arose after the policyholder and certain co-insured entities were sued by thousands of US plaintiffs in a nation-wide class action and after the damage claims ended by means of a settlement pursuant to which the policyholder was obligated to pay compensation of more than USD 1.5 billion. 

Representation of a reinsurer in proceedings before the Swiss Federal Supreme Court. The case concerned the challenge of an arbitral award. 

Representation in arbitration proceedings seated in Switzerland with under the Swiss Rules of Arbitration. After the insurer disputed the validity of the arbitration agreement contained in the insurance policy, the proceedings were limited to the question of jurisdiction of the arbitral tribunal. The representation included proceedings before the Swiss Federal Supreme Court which confirmed the existence of the arbitration agreement. 

Representation and advice of a private bank in connection with arbitration proceedings in London under the LCIA Arbitration Rules pertaining to a worldwide business liability insurance policy, provided by several insurance carriers. The underlying liability case concerns a claim against the bank brought by a former client demanding payment of damages in excess of EUR 80 million.