Liability and insurance law issues often arise for individuals and companies in complex and stressful situations in which sound advice and decisive action can make all the difference. Our team has recognized expertise in private insurance law, social insurance law and liability law – from out-of-court dispute resolution to the enforcement of claims before courts and administrative authorities.
We represent both insurance companies and policyholders and understand the subject matter from both perspectives. We also advise insurance companies and other regulated market participants on supervisory and regulatory matters. Our longstanding experience in these specialized areas of law enables us to deal efficiently and comprehensively with the interfaces between liability, insurance coverage and regulation.
Private Insurance Law
Private insurance law governs the relationship between policyholders, on the one hand, and insurance companies, on the other. Disputes frequently arise in connection with coverage issues, the interpretation of insurance policy wording or the handling of claims – often under considerable time pressure and with significant stakes.
We advise and represent both insurance companies and policyholders in all areas of insurance contract law. Our services include coverage and liability analyses, claims handling across all lines of insurance, the enforcement of recourse and subrogation claims, as well as contract drafting in the field of direct insurance and reinsurance.
In addition, we assist insurance companies with the development and legal structuring of new insurance products and with the structuring and analysis of national and international insurance programs.
In contentious matters, we represent our clients before state courts and arbitral tribunals as well as, where appropriate, before the Swiss Federal Supreme Court.
Social Insurance Law
Social insurance law encompasses a broad spectrum of state-organized insurance schemes – from accident and health insurance to disability insurance and occupational pension schemes. The subject matter is complex, shaped by frequent legislative revisions and regularly of considerable economic significance for those affected.
We represent insurance carriers, pension institutions and compensation offices as well as insured persons and employers in administrative and court proceedings. Our expertise covers all relevant social insurance statutes – in particular the Accident Insurance Act (UVG), the Health Insurance Act (KVG), the Disability Insurance Act (IVG), the Old-Age and Survivors’ Insurance Act (AHVG) and the Occupational Pensions Act (BVG). Our key areas of activity include, in particular, the representation of accident insurers and daily sickness benefits insurers in benefit disputes, as well as the enforcement of recourse and subrogation claims.
We also advise healthcare providers, pharmaceutical and medical device manufacturers, as well as hospitals on remuneration, reimbursement and repayment matters within the framework of compulsory health care insurance.
Liability Law
Liability disputes arise in a wide variety of situations – in cases of personal injury, in the areas of professional liability and directors’ and officers’ liability, in connection with product defects, or in the context of new technologies. The interests at stake are often multifaceted and regularly involve insurance law issues.
We advise and represent injured parties, potentially liable parties and liability insurers in all areas of contractual and non-contractual liability. Our key areas of focus include directors’ and officers’ liability (D&O), professional liability – in particular medical malpractice and lawyers’ professional liability – product liability, motor vehicle liability and personal injury claims. We also deal extensively with liability issues arising in connection with digital technologies and artificial intelligence.
The close integration of our liability and insurance law expertise enables us to handle mandates in which liability and coverage issues converge comprehensively and efficiently on an integrated basis.
Insurance Regulatory and Supervisory Law
Insurance companies and other regulated market participants face increasingly complex and rapidly evolving regulatory requirements. Forward-looking and well-founded regulatory guidance is essential – both in day-to-day operations and in connection with strategic initiatives.
We advise insurance companies, reinsurers, insurance brokers and industry associations on all aspects of insurance supervisory law. Our services include, in particular: incorporation and licensing procedures, ongoing supervisory support, regulatory projects, legal opinions, dealings with authorities and legal proceedings.