Insurance and Reinsurance

Our team is experienced in dealing with contentious issues arising from a variety of products such as Fire, Mechanical Breakdown, all forms of Business Interruption policies, Contractors All Risks (CAR), Erection All Risks (EAR), Industrial All Risks (IAR), bespoke Mega Risk policies, Errors & Omissions (E&O), Directors & Officers (D&O), Commercial General Liability (CGL), Public Liability, Product Liability/Recall, Trade Credit Insurance, Clinical Negligence, Crime, BBB, etc. The typical issues on which we assist clients arise from pre-inception (non-disclosure/ misrepresentation of material information; pre-existing circumstances) to post inception (delayed notifications; breach of warranty, interpretation of insuring clauses, scope of exclusions, breach of policy conditions, duty/right to defend, allocation of defence costs, subrogation/assignment, deductible and aggregate clauses).

Solaris also deals with, and assists clients on, a wide variety of reinsurance issues including in relation to issues arising from claims control/cooperation clauses in the RI slips.

In relation to liability business, besides India, Solaris has the ability to handle and advise on claims made in a wide range of geographical regions through its network of firms to provide legal support in many parts of the world including Auckland, Birmingham, Bristol, Dublin, Leeds, London, Madrid, Manchester, Mexico City, Newcastle, Newport, Ottawa, Singapore, Toronto, Wellington and Winchester, and all major cities in the United States.

The broad range of our work in this sector includes:

• Coverage advice at pre/post litigation stage: We are frequently instructed at the time of, or shortly after, the notification of a claim with a view to avoid disputes or to ensure that before any dispute occurs, the client’s rights and position are protected;
• Litigation and Arbitration: Disputes before Civil/Consumer Courts, or Arbitral Tribunals across the country and internationally where foreign parties are involved;
• Commercial settlements: Where pragmatic and necessary, we advise clients on settlements and assist in achieving the maximum possible benefit through direct negotiations or more structured processes such as mediation;
• Subrogation: Recovery actions post-indemnification by insurers;
• Defence: In claims involving liability products, we are frequently instructed to ascertain coverage under a range of policies and to defend Insureds against third party claims if coverage is confirmed and there are no conflicts.
• Regulatory Assistance: Advice on Insurance law, including the Insurance Act, 1938 and
  related regulations, policies, and guidelines formed by the IRDAI.