Insurance Law

Tanner De Witt has significant experience of advising insureds, intermediaries and insurers on Hong Kong insurance law and practice as well as a wide range of legal issues that are relevant to insurance business generally.

When advising in respect of insurance claims, we apply rigorous legal analysis and common sense when advising on both the legal merits of claims and practical approaches to resolving them. We understand the multiple interests of insurers, insureds and their agents and are sensitive to the need to preserve commercial relationships in often difficult circumstances.

Our experience has demonstrated that our lawyers can play an invaluable part in identifying and eliminating risk at source for the long-term benefit of insurers and insureds alike. Our lawyers can advise insurers and insureds on the potential legal and liability risks arising from business operations and suggest solutions to manage or reduce that risk.

Our services

• Professional indemnity
• Contract works insurance - CAR/EAR
• Property insurance
• Product liability
• Third-party liability
• Employees compensation insurance
• Risk management
• Personal injury
• Reinsurance
• Compliance

Our Experience

Our lawyers have experience in advising on the following areas:

Professional Indemnity

• Advising professional-indemnity insurers on claims for negligence against solicitors and acting for solicitors in subrogated insurance claims.
• Advising claimant on litigation against insured professional firm.
• Liaising with insurer in relation to the defence by the insured professional firm.

Property Damage and Third Party Liability Claims

• Advising insurers in relation to a claim worth approximately US$24,000,000 arising from damaged undersea cable.
• Advising and acting for insurers in relation to claims and subrogated actions relating to property damage caused by fire and flooding.
• Advising security brokers in respect of insured claim arising out of misappropriation of funds.
• Advising insurers in a subrogated action in relation to a claim against a local council for property damage allegedly caused by local water supply.

Personal Injury and Employee Compensation

• Advising the Director of Legal Aid and representing employees of subcontractors in claims against the main contractor and subcontractors for damages for personal injury and employees' compensation.
• Acting for a US-based former partner of a global professional services firm against an airline company for injuries sustained in a business lounge at Hong Kong International Airport.
• Advising and acting for claimants in recovering damages from insurers in personal injury cases and negotiating settlement with insurers.

Licensing and Compliance

• Advising foreign insurance company on licensing requirements in Hong Kong.
• Advising insurance broker on regulatory compliance concerning eligibility of insured.
• Advising independent financial advisers on their licensing requirements and applicable regulatory regime for insurance-linked securities products.
• Advising Hong Kong based insurance brokers on range of issues relating to provision of insurance broking services.

Other

• Advising an insured in a claim against his insurance broker and the insurance company relating to investment-linked insurance products and alleged mis-selling and material non-disclosure.
• Advising provisional liquidators of insurance company.
• Advising underwriters in respect of claims made under policies concerning carriage by sea and carriage by air.