Stikeman Elliott
 
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Insurance & Reinsurance
Insurance & Reinsurance

Stikeman Elliott has a leading Canadian practice advising insurance sector clients on mergers and acquisitions, demutualization and outsourcing transactions, the development of innovative financial products, and a wide range of regulatory, tax, class action defence, commercial risks, energy, marine/aviation, insolvency and technology matters. Our clients include major Canadian and international insurers and reinsurers, underwriters at Lloyd's, insurance brokers and agents and investment banks. We have also advised governments and their regulatory agencies on legislative and regulatory issues affecting the insurance sector.


Our Services

Mergers and Acquisitions

We act as advisors to insurance and other financial service companies on mergers and acquisitions and demutualization and outsourcing transactions. We have the required tax, regulatory and corporate capabilities, and have developed excellent relationships with regulators, financial intermediaries, actuarial firms and accounting firms.

Regulatory Advice and Compliance Matters

We regularly provide insurance sector clients and their other advisors with specific and general regulatory advice and assist in compliance matters. We have significant experience with the regulatory framework governing the insurance sector at both the federal and provincial levels and have excellent contacts and working relationships with federal and provincial regulators. Particular areas of expertise include corporate governance, related-party transactions and regulatory capital matters.

Structured Finance and Financial Products

We advise Canadian and international clients on a wide variety of innovative financing vehicles and structured products. In the insurance sector, we have acted as lead counsel on, among other things, the securitization of insurance company assets, the provision by leading reinsurance companies to financial institutions and other clients of innovative capital solutions and a wide range of structured derivative products, including catastrophe bonds.

Class Action Defence

Our national presence allows us to respond wherever a class action is launched and to mount a comprehensive defence in each jurisdiction. Our class action litigators have argued some of the leading cases in this still-developing area of law, and our wide range of experience includes successfully resisting certification of class actions and negotiating and implementing complex and creative settlements to class actions.

Commercial Risks and Litigation

We have extensive expertise in the litigation and alternative dispute resolution aspects of commercial insurance matters, including interpreting coverage and exclusion clauses, D&O, environmental, liability, P&C (particularly catastrophic loss), reinsurance, special risks and subrogation.

From our longstanding association with the North American, London and European insurance markets, we have developed leading expertise with diverse coverage wordings and related losses and claims issues. As a result, we are able to provide efficient, cost effective services combined, when appropriate, with a pragmatic, commercial approach to coverage issues and dispute resolution.

Energy

We also have extensive expertise in Canadian energy insurance law, particularly for the London and international insurance markets. From our longstanding association with those markets, we have developed a deep and sophisticated understanding of the energy risks and coverages written in the Canadian energy sectors and how those markets operate, including how they interact on coverage and claims matters and related disputes.

Shipping and Transportation

Shipping matters are handled primarily from the Montréal office. As shipping and navigation in Canada are federal in nature, the firm handles maritime litigation and alternative dispute resolution throughout the country. We have experience in substantially all aspects of transportation with an extensive maritime and aviation law practice including pollution, collision and salvage, charterparty disputes, cargo claims, towage, sale and purchase, construction, registration and finance. Members of the Group have been recognized in The International Who's Who of Business Lawyers (Shipping & Maritime) and The Best Lawyers in Canada (Alternative Dispute Resolution, International Arbitration and Maritime Law).

Other Related Expertise

We also have significant expertise in tax matters, advice to lenders and borrowers in a wide range of financings, information technology and outsourcing, insolvency of insurance sector participants, representation and warranty insurance and privacy matters.


Recognition for Our Work

Members of our Group have been recognized in the Legal Media Group's Guide to the World's Leading Insurance and Reinsurance Lawyers and The Best of the Best for insurance. Law Business Research's Who's Who Legal: Canada cites three Stikeman Elliott lawyers as "highly rated" in the sector.

A member of our Group is also the founder and editor-in-chief of Butterworth's quarterly legal journal, Canadian Insurance Regulation Reporter, the leading Canadian publication in the field.

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Contacts
Key Contacts

Montréal:
Peter J. Cullen
Laurent Fortier

Toronto:
Stuart S. Carruthers
Alan L.W. D'Silva

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