De Brauw Blackstone Westbroek has an outstanding reputation in international insurance matters, with its multidisciplinary team covering the full spectrum of work, such as M&A, capital raises, restructurings and the resolution of high-stakes disputes. On the regulatory side, the group has extensive expertise advising insurance companies on a myriad of issues applicable to their businesses, such as the developing legislation on ESG, as well as governance, solvency and liquidity. Practice head Dennis Horeman and counsel Eva Schram are among the advisers to Athora Netherlands on all litigation relating to the alleged mis-selling of investment-linked insurance products. Also noted for their dispute resolution expertise are Eelco Meerdink (who acts for companies and management teams in industries such as pharmaceuticals, manufacturing and technology, among others) and senior associate Gertjan Harryvan. Mariken van Loopik leads the financial markets regulation practice.
Insurance in Netherlands
De Brauw Blackstone Westbroek
Practice head(s):
Dennis Horeman
Other key lawyers:
Eelco Meerdink; Mariken van Loopik; Eva Schram; Gertjan Harryvan
Testimonials
‘In-depth knowledge of the legislation, processes and products in the sector. Excellent strategic sparring partner. Readily available. High standard throughout the whole team.’
‘Dennis Horeman has a high standard of integrity, is very thoughtful, accessible and a brilliant lawyer.’
‘DBBW is one of the top practices in the Netherlands because of their high-quality standards, with a broad range of expertise, client-oriented and service-oriented mindset. But, on the other hand, they do have and preach their own practice values. And that’s good.’
‘De Brauw’s insurance team is pleasant to work with, experienced and thinks along with its clients.’
‘Dennis Horeman is a dedicated lawyer who serves his clients very efficiently and effectively. Dennis is a strategic thinker who dares to make decisions.’
Key clients
Nationale Nederlanden N.V.
SRLEV (and Athora Netherlands)
AkzoNobel
Nielsen
Rabobank
Central Bank of Curacao and St Martin (re. ENNIA Caribe)
Katara
JustEat Takeway
Achmea
Work highlights
- Advised Central Bank on emergency regulation for ENNIA Caribe.
- Representing AkzoNobel in a wide range of insurance work.
- Handling a wide range of work for Athora Netherlands, including defence of claims for alleged mis-selling of investment-linked insurance products.
Houthoff
Berry van Wijk and Hans Londonck Sluijk co-head the insurance practice at Houthoff, which is widely hailed as a market leader among domestic and international insurance and reinsurance companies. The team is highly active in large and groundbreaking M&A in the industry, and it has also seen an increase in outsourcing transactions, as well as bankruptcies and Brexit-related mandates. On the contentious side, the group is prominent in high-end insurance litigation, including international coverage disputes, D&O matters and professional indemnity cases. The firm also fields a dedicated team of regulatory experts, which handles a wide ambit of issues for clients. Huib Lebbing and Lucas Dröge are representing global steel manufacturer Fasé & De Heer Crone in a cross-border dispute arising from a fatal workplace incident in Mexico. Counsel Roel Theissen (who is a prudential regulatory expert) is also recommended, as is senior associate Gijs Hamelijnck.
Practice head(s):
Berry van Wijk; Hans Londonck Sluijk
Other key lawyers:
Huib Lebbing; Roel Theissen; Lucas Dröge; Gijs Hamelijnck
Testimonials
‘The team has an awful lot of experience in insurance. The laws, regulations, guidance by the regulator. Also how the regulator functions.’
‘Berry van Wijk has a level of experience in insurance that she has built over years.’
‘Houthoff combines thorough legal knowledge with a practical, solution-oriented working method. This makes it a law firm that clearly has added value.’
‘The lawyers we work with understand our corporate culture and also include aspects other than strictly legal aspects in their reflections (such as media imagery). This applies in particular to (the team of) Berry van Wijk.’
‘The team is flexible, knowledgeable and thinks in opportunities instead of impossibilities.’
‘Gijs Hamelijnck: Easy way of working, knowledgeable, proactive and positive.’
Key clients
AIG
Allianz
Aon
a.s.r.
Atradius Credit Insurance
Aon
AXA XL
CNA
Cover Genius
Achmea/Centraal Beheer
Generali
HDI-Gerling
Marktplaats/e-Bay
Marsh
MS Amlin
NN Group (Nationale Nederlanden)
Swiss Re
Tokio Marine
Yarden
Zurich
Eli Global (Global Growth), Trier re Conservatrix
Swiss Re/Iptiq
Work highlights
- Representing Nationale Nederlanden, a major international insurance company, in ongoing high-profile Dutch class actions concerning unit-linked insurances it sold in the Netherlands in which the insureds seek compensation for alleged mis-selling.
- Advising the direct and indirect shareholders of the insurance company Conservatrix on M&A aspects, litigation and prudential regulatory aspects in relation to the developments at Conservatrix; including a putative personal liability of the UBO, an investigation into the causes of the bankruptcy, and ongoing current and future arbitration and commercial courts litigation.
- Acting as defense counsel to Fasé & De Heer Crone BV, a global steel manufacturer, in cross-border proceedings following a fatal workplace incident in Mexico with several casualties relating to the welding of a steel-built storage tank manufactured by Fasé & De Heer Crone BV.
Kennedy Van der Laan
Reflective of Kennedy Van der Laan‘s presence in the insurance market, it generates mandates from a wide variety of clients, notably insurance companies active in the Netherlands, insurance brokers, loss adjusters, insurance brokers and corporates. The firm is highly active in insurance regulatory matters (an area that is led by Jan Broekhuizen), and it also provides assistance with policy drafting and reviews of policy wording. In addition, insurance claims are another key pillar of the practice; a name to note in this space is Peter van den Broek, whose workload includes international claims and construction-related coverage disputes. Frits van der Woude focuses on policy disputes and professional indemnity claims, and he is also an expert in in D&O liability and professional liability. Chris van Dijk and Petra Oskam are particularly well-known for their personal injury expertise. Erik van Orsouw is another experienced practitioner at the firm.
Practice head(s):
Erik van Orsouw; Chris van Dijk; Frits van der Woude; Peter van den Broek; Jan Broekhuizen; Petra Oskam
Other key lawyers:
Maurits Oudenaarden; Peter Kramer; Marit van der Pool; Mark Wisse
Testimonials
‘The team’s lawyers are accessible and provide practical and understandable advice. They also organize meetings and lectures in which insurance practice matters are discussed in an informal atmosphere.’
‘Kennedy van der Laan have a great team (no matter who you get to work with) who are very easy to access and they understand your needs perfectly. They think along with you by being pragmatic and proactive.’
‘Mark Wisse – He is quick on his feet in terms of thinking and providing solutions, replies fast and provides tips and tricks. He also sees the bigger picture and making you aware of this and possible consequences.’
‘Jan Broekhuizen – Very senior in his knowledge, knows the market vs. our needs.’
‘People are easy to access and have a large diversity of knowledge. They know how to combine each other’s specialism.’
Key clients
Nationale Nederlanden
Hiscox
De Vereende
Liberty
Zurich
MS Amlin
Medirisk
AIG
Allianz
VGA
Rabobank
Work highlights
- Successfully represented CNA Hardy and Liberty in three instances in the Imtech case: the Amsterdam Appeals court, then the court of first instance in Rotterdam and the court of Appeal of The Hague. It has been held that CNA and Liberty are not held to pay the defence costs of the former directors of the bankrupt Imtech. The matter is now pending before the Supreme court.
- Assisted Rabobank with its accession as an insurance broker to the corporate insurance market, including the Dutch Insurance Exchange Association (VNAB). The firm continues to assist this client with the documentation of insurance distribution arrangements, co-insurance and pooling contracts, policy wordings and other product documentation and related insurance regulatory questions.
NautaDutilh
NautaDutilh provides excellent end-to-end support to clients such as Dutch and international insurance companies, reinsurers, intermediaries and corporates. Jointly led by Stijn Franken and Sjoerd Meijer, the team is seen as a first port of call across a wide range of high-profile and complex insurance disputes, such as multi-party (particularly consumer-led) claims, D&O cases, product liability matters and claims relating to insurance distribution. Elsewhere, the group is trusted to provide strategic support to insurance companies and intermediaries on business-critical contractual relationships, and it also has extensive expertise in regulatory issues. Franken and senior associate Erik Poorthuis (whose practice is split between the Amsterdam and London offices) are currently defending GSK against a product liability claim, where it is alleged that the client provided inaccurate information on the side effects of one of its medications.
Practice head(s):
Other key lawyers:
Erik Poorthuis
Testimonials
‘Unique knowledge of Dutch insurance sector.’
‘Very pragmatic and responsive. Provided good reliable commercial advice understanding of the context.’
‘Erik Poorthuis provided excellent, speedy and responsive advice. Always available and understanding of the commercial context in which the advice on Dutch law was sought.’
Key clients
Allianz
ASR
AIG
Aegon
Shell
Achmea
HDI Gerling
Allianz
Dutch Association of Insurers
GSK
Sanofi
TPG
UK P&I Club
Monuta
DSM
AMLIN
VvAA (Dutch Association of Doctors Motorists)
Strukton, Hurks
Nouryon
Chubb
Peak Re
Work highlights
- Represented ASR in mass damage claim proceedings relating to unit-linked life insurance product.
- Representing the former board members of Imtech in multiple claims under Imtech’s D&O policies.
- Representing Urgenda in landmark climate change proceedings before the Dutch Supreme Court, and the follow-on litigation where Urgenda claims a penal sum.
Norton Rose Fulbright
Norton Rose Fulbright's insurance practice in Amsterdam is led by Jan Duyvensz, who is also the head of the dispute resolution department. Under his leadership, the insurance team is instructed in various types of cross-border litigation, including W&I claims arising from M&A, cyber-related cases and product liability matters. In addition, D&O and professional liability cases are among other areas of strength. Elsewhere, the group is increasingly sought after to advise on liability risks for directors and officers in relation to topical issues such as climate change. Other areas of expertise on the non-contentious side include regulatory issues, capital management, online marketing, restructuring and insolvency. Floortje Nagelkerke and others are assisting the Allianz Group with all the regulatory aspects of its acquisition of Rabo PGGM PPI. Associate Guido Bongers is also recommended.
Practice head(s):
Jan Duyvensz
Other key lawyers:
Floortje Nagelkerke; Guido Bongers
Key clients
AIG
Allianz
Allied World Assurance Company
Amlin
AmTrust
Brit Insurance
BNP Paribas
Chubb
Generali
Hamilton
Riskpoint
RSA
Tokio Marine Kiln
XL Catlin
Enstar Group
APC Holland
Accelerant
Dutch Aviation Pool
CNA Hardy
Aspen
Work highlights
- Acting as defence counsel on behalf of a liability insurer and a well-known lawyer in relation to complex court proceedings regarding a professional liability dispute.
- Advises insurance companies such as AmTrust, Domestic & General, Hyperion and AIG on the offerings of their (insurance) products and services in the Netherlands.
- Assisting the Allianz Group with all regulatory aspects of its acquisition of the Rabo PGGM PPI, a Dutch premium pension institution (PPI) for SMEs set up by Rabobank and PGGM in 2012.
Van Doorne
Van Doorne‘s insurance practice, which is a cornerstone of the wider dispute resolution department, has an excellent reputation in financial lines matters; the team’s experience in this space includes areas such as cyber, D&O, professional indemnity and W&I. Beyond undertaking contentious work, the group assists clients with policy drafting and contracts with brokers, among other matters. The overall head of the insurance practice is Annemieke Hendrikse, who is well-known internationally for her expertise in D&O liability law and insurance law. Walter Hendriksen is also a well-respected name. Simone Hoogeveen and counsel Pieter de Jong Schouwenburg are noted for their extesive experience of professional liability litigation.
Practice head(s):
Other key lawyers:
Walter Hendriksen; Simone Hoogeveen; Pieter de Jong Schouwenburg; Willeke van Spanje; Andrea Goossens; Saloua Tanouyat
Testimonials
‘This law firm offers practical solutions with a clear understanding of opportunities, possibilities and obstacles in director and officers liability and professional indemnity issues. The team is hands-on, practical and pragmatic.’
‘Annemieke Hendrikse is an outstandingly focused lawyer with a lot of knowledge and experience in the field of directors’ liability. She is a proactive and solutions-focused lawyer. In addition, Annemieke Hendrike is of great value for issues of how to deal with sanction-related issues and policy coverage.’
‘Top notch firm for legal advice and litigation on the field of insurance law, D&O and financial lines. The team combines academic expertise with a pragmatic and hands-on approach.’
‘Willeke van Spanje joined Van Doorne about 2 years ago and really is an asset to the team. She is very much to the point and speaks ‘our language’; she doesn’t waste time on things I already know. Willeke understands with just a few words what I need and delivers that on time – even on very short notice or unusual time.’
‘A professional, responsive team and a pleasure to work with.’
‘Very knowledgeable, easy access, friendly and service-minded.’
‘The team of Ms Hendrikse was responsive at all times and provided good advice in short time frames.’
‘Pleasant cooperation and pragmatic. Regular contact with follow-ups.’
Key clients
AGCS
AIG
AON
AXA XL
Chubb
HDI Specialty
HDI Global
Nationale Nederlanden
Zurich
AGCS
AIG
AON
AXA XL
Chubb
HDI Specialty
HDI Global
Nationale Nederlanden
Zurich
CMS
Leonard Böhmer and Bas Baks co-head the practice at CMS, which is noted for its focus on insurance claims and coverage advisory work in specialist insurance markets. The firm offers clients the benefits of its pan-European coverage, and its team has particularly in-depth knowledge of the London insurance market. The group has specialist expertise in a number of key areas, including D&O, CAR, product liability and personal injury. It is also at the forefront of emerging areas of insurance, notably cyber, W&I policies and insurtech. In addition to acting for insurers and reinsurers, the firm also acts for brokers, as well as insured entities operating in sectors such as real estate, financial lines, retail and life sciences. Senior associate Oskar van Weijer is a name to note. Eva Schothorst-Gransier joined Simmons & Simmons in January 2021.
Practice head(s):
Leonard Böhmer; Bas Baks
Other key lawyers:
Oskar van Weijer
Testimonials
‘CMS Netherlands are experienced in providing specialist Dutch law advice in line with the London market, which differentiates them from their competitors.’
‘The individuals at CMS are very client-friendly and are always available to discuss outstanding matters. Their advice is highly professional and has enabled insurers in the London Market to settle claims in a pragmatic and economic fashion.’
‘CMS is very customer-oriented and is always there for you when you need help. The team really builds a good relationship with their customers and creates an open culture to ask questions and seek for guidance.’
‘They are always there to help, super-friendly, and are able to adjust to new situations. They understand what is important to their customer and act on that.’
‘The practice has a strong team covering the areas of insurance law, regulation and data protection, which makes it well-equipped for an agile development of new insurance products. Here they can advise on relevant aspects, which range from the development of the wording to the relevant legal consents in the sales funnel. They meet even tight timelines and provide highly actionable and practical advice.’
‘It’s a diverse team. All different backgrounds, experiences. Broad knowledge. But not just from law and regulations, also from market practices. The team is always trying to find the right balance between their legal standpoint and a pragmatic approach.’
Key clients
Digital Partners
Lloyd’s Insurance Company
Zurich
Allianz Global Corporate & Specialty
AXA XL
Chubb European Group Limited
Swissre
QBE
Starr
Achmea
Aon
Mitsui Sumitomo Insurance
Ms Amlin
Navigators
Axis
AWAC
Starstone
CNA
Tarian
Lemonade
Work highlights
- Advised disruptor Digital Partners on its successful cooperation with Insify in The Netherlands.
- Advised unicorn InsurTech Lemonade on legal issues after its launch in The Netherlands.
Dirkzwager
Dirkzwager‘s team is adept at covering all areas of liability and insurance law for Dutch and international insurance companies, as well as brokers. It is particularly well-known for its strengths in insurance litigation, where the caseload spans areas such as professional liability, corporate liability, product liability and D&O cases, among others. The practice is characterised by its international reach, with the firm having close ties to ‘best friends’ insurance firms and being affiliated with the TELFA and USLAW legal networks. Daan Baas, Harry Kruitwagen and Joost Bindels jointly lead the team.
Practice head(s):
Harry Kruitwagen; Daan Baas; Joost Bindels
Testimonials
‘The team excels in their knowledge of liability and insurance law in a broad sense such as casualty, D&O, professional indemnity and engineering. The team has a proactive, service-oriented and hands-on approach.’
‘Harry Kruitwagen is easily accessible and he always knows how to convert complex legal issues into concrete and pragmatic solutions.’
‘Very much in-depth knowledge, but still practical and hands-on. Always deliver on time and with quality.’
‘Daan Baas is well appreciated as co-counsel, always has a clear approach.’
‘Very good firm. Extremely analytical and are well versed in insurance law including defense work. They are very mindful of all risks and are extremely good at mitigating against those risks.’
Key clients
Allianz Global Corporate & Specialty SE
Amlin Insurance SE (MS Amlin)
Liberty Mutual Insurance Europe SE
Allianz Benelux N.V.
Royal Sun Alliance
AIG Europe SA
Achmea Schadeverzekeringen (Avéro)
Zurich Insurance plc
HDI Gerling
QBE Insurance (Europe) ltd
DUPI
Marsh
Willis
Aon
Bovemij
Ekelmans Advocaten - Insurance & Corporate
Noted for its international focus, the team at Ekelmans Advocaten - Insurance & Corporate has many years of experience handling a wide variety of of liability and insurance law issues for clients. It provides a range of services to large and niche insurance companies, such as advice on compliance with financial regulations, assistance with privacy-related questions and policy wording. In addition, with the group comprising of seasoned Supreme Court litigators, it is also a strong choice for complex insurance claims; areas of expertise in this space include professional liability, fraud, D&O and personal injury. Hanco Arnold leads the team, which also includes Frank Schaaf, Jan Ekelmans, Astrid van Noort and Daan Spoormans.
Practice head(s):
Hanco Arnold
Other key lawyers:
Jan Ekelmans; Frank Schaaf; Astrid van Noort; Daan Spoormans
Testimonials
‘Ekelmans Advocaten – Insurance & Corporate’s ability to quickly solve difficult situations makes them a priceless asset to clients.’
‘Daan Spoormans has a very efficient and pragmatic approach to case management. He has very good knowledge of problems arising from cross-border litigation, in particular between Germany and the Netherlands.’
‘What makes this office unique is that it has a high standard, but at the same time is also transparent and easily approachable. The strong points of this office are its specialisms, complemented by an excellent ability to propagate and maintain cohesion as well as mutual cooperation. This strongly benefits file handling.’
‘The people I work with are, without exception, nice and very approachable. They go the extra mile when necessary. The way in which they take the lead in a file is pleasant, without losing sight of the role of the client. Another thing that makes them unique is how they involve the client in legal cases, both in terms of content and procedure.’
‘Their knowledge sets them apart. It is an office that specializes in insurance and liability. Another aspect is that the people are very approachable. We have a very good collaboration with them and we can just pick up the phone and give them a quick call to ask a question without being billed for the nitty gritty things. They really take the time to help you.’
‘A great person to work with is Frank Schaaf. He has a lot of substantive knowledge and is extremely driven. If necessary, he works day and night to achieve a certain result.’
‘The lawyers working at Ekelmans Advocaten – Insurance & Corporate know the insurance business inside out and have all the resources and knowledge they need to stand by insurance companies and their insured in their legal matters. Not only do they give well-founded legal advice, they also know how to solve insurance issues in a more pragmatic way (while taking into account the interests of all parties involved). Something that is essential in the insurance business.’
‘Jan Ekelmans is the partner who stands out in strategic thinking. He knows exactly when it is time to offer a settlement and when not. In coverage discussions, too, he knows how to convey the insurer’s point of view in a firm but customer-friendly manner.’
Key clients
Vereende
Goudse
Zorg & Zekerheid
Nationale Nederlanden
NCIS
Verbond van Verzekeraars
Zilveren Kruis
HDI
ASR
AEGON
ENO
Work highlights
- Advised Nationale Nederlanden on how to handle large claims on contingency policies due to COVID-19.
- Represented Zilveren Kruis in a case against a health care institution that was accused of long-term fraud.
- Acting as counsel and monitoring counsel on a substantial number of claims on director and officer liability policies written by HDI.
Loyens & Loeff
Clients turn to the team at Loyens & Loeff due to its strengths in insurance-related M&A, insurance (including civil liability) litigation and arbitration, and regulatory advice. Portfolio transfers and reorganisations are other drivers of work. Kitty Lieverse and Merel van Asch (who was promoted to counsel in January 2021) are the key contacts at the firm, where contentious work includes coverage disputes and matters concerning the duty of care owed by insurance companies and insurance intermediaries. Van Asch recently led a team which successfully represented AON in several legal proceedings that primarily centred on the duty of care that arose in relation to various legal policies.
Practice head(s):
Merel van Asch; Kitty Lieverse
Testimonials
‘The people are professional, but also nice to work with. They know our firm and the issues we deal with. What I like is that people often work in pairs, which is convenient because there is always a backup in case of sickness or a holiday. Loyens Loeff has all legal areas of focus in-house, so that a specialized lawyer can always step in when the case also concerns another area of law.’
‘Very good hands on team with great knowledge of the insurance industry.’
‘Working with several different colleagues, but special mention for Merel van Asch. Outstanding professional and always provides high quality work. She also makes sure that others provide the same quality in their services.’
‘Very nice people. Punctual. Efficient. Quick to lend a hand and fine professional work.’
‘Very service oriented and independent. They think for themselves and add value.’
‘Merel van Asch is skilled and smart.’
Key clients
Aon
One Underwriting
Burns Bowen Bair
Perkins Coie LLP
IPTIQ
Zilveren Kruis
Aegon N.V.
AIG
BNP Paribas Cardif
AXA
VGZ/Univé
Achmea
Van Traa Advocaten
Insurance and complex liability matters are a core area of specialism at Van Traa Advocaten, which acts for the world's leading insurance companies and brokers, multinational corporates and state-owned enterprises. One of the main contacts at the firm is personal injury expert Derk-Jan van der Kolk, whose recent work included advice to Ajax Amsterdam on legal questions arising from the brain damage sustained by football player Abdelhak Nouri, following his collapse during a match against Werder Bremen. Van der Kolk is also acting for the largest agricultural insurance company in the Netherlands in claims arising from a thunderstorm, where so-called supercell hailstones caused severe damage to households across the south east of the country. Robert de Haan primarily undertakes advisory work on issues such as cargo, logistics liability and events, among others. Robert Pessers leads the highly-regarded group, which also includes Peter Drion and Arian Lengton.
Practice head(s):
Robert Pessers
Other key lawyers:
Robert de Haan; Derk-Jan van der Kolk; Peter Drion; Arian Lengton
Testimonials
‘This practice is unique as it offers a custom made approach on top of a general approach. By this I mean that, given the relationship, Van Traa is able to advise in line with our business and risk appetite but without having a deep dive each time.’
‘Derk-Jan has the ability to de-stress yourself by providing the right point of view at the right time.’
‘Van Traa is, for us, the law firm for custom assignments. They have extensive knowledge of liability law and insurance Law. From personal injury to transport law. They can advise concisely and the advice is useful for practice.’
‘We work with Robert Pessers and Derk-Jan van der Kolk. Both lawyers are distinguished by their practical approach to disputes, their in-depth legal knowledge and their ability to simplify complex cases. They do this in a personal and pleasant way.’
‘The team is extremly responsive, on top level regarding experience and legal advice on Dutch marine insurance law and Dutch transportation law and always fair in billing.’
Key clients
Ajax Amsterdam
Dutch Ministry of Social Affairs and Employment
Charterers and their underwriters of the inland barge “Fox”
Malaysia Airlines and their insurers
Nationale Nederlanden
NedTrain
Dutch Ministry of Justice and Defense and the National Police
Letselschade Raad
Work highlights
- Assisting several underwriters with disputes over claims made under insurance policies with regard to events that could not take place due to COVID-19 and the measures implemented by the Dutch government.
- Provided an international insurance company with multi-faceted advice on a high impact event in Germany in which a tank fell of a trailer during road carriage within Germany destined for Denmark. This led to several complicated insurance and liability questions involving multiple parties.
- Advised a major insurance company on policy coverage and liability of the insured who used a jet grit at several locations where it had to perform works. The jet grit was contaminated with asbestosis, which poses a serious risk for personal injury claims, environmental damage and consequential damages.
VanNiekerkCieremans B.V.
Rotterdam-based boutique law firm VanNiekerkCieremans B.V., which focuses on liability and insurance law, has successfully gained a foothold in the Netherlands market since its inception in 2014. It attracts mandates from a sizeable client base of insurers, reinsurers and brokers. Under the joint leadership of Eric van Niekerk, Tjitske Cieremans and Patrick van der Vorst, the team advises on construction all-risks policies, D&O policies, machinery breakdown policies and international insurance policies, in addition to assisting clients with disaster planning and regulatory issues. Contentious work is also a key workstream; mandates include technical damage cases, as well as a myriad of policy and liability disputes. The group also handles contractual claims and personal injury cases. Senior associate Marko Jongkind joined from Van Traa Advocaten in February 2021.
Practice head(s):
Eric van Niekerk; Tjitske Cieremans; Patrick van der Vorst
Other key lawyers:
Marko Jongkind; Emma Krikke
Testimonials
‘Marko is an attorney with a very practical approach, but he also has great up-to-date legal knowledge. He is very precise in his wording, and is overall a fantastic counsel. He stands out in comparison to other attorneys because of his accessibility: he is always approachable for questions; not only about the legal case, but also for internal legal advice.’
‘High level of service, outstanding insurance practice, very pragmatic with a market-leading reputation for liability cases and insurance coverage cases.’
‘Eric van Niekerk: high level of expertise, well respected, service oriented and pragmatic approach.’
‘Tjitske Cieremans: excellent technical and industry knowledge, handling complex liability cases.’
‘Patrick van de Vorst: good analytical skills and capacity to go rapidly to the key of the issues, providing excellent legal advice.’
‘The quality and the full review of a case makes them different from competitors. Even though you assume this is done by all companies, it isn’t. The detail of the investigation is top-class.’
‘Professional lawyers, with a no nonsense attitude. In contradiction with other lawyers they are to the point and able to give a clear advice, without unnecessary extra information. They are able to make complicated matters simple.’
‘Tjitske Cieremans: great analyst of complicated matters, huge knowledge of daily business and the insurance market. Able to consider all interests involved and think beyond borders. Patrick van der Vorst: brings calm to turbulent matters, steadfast, knowledgeable, does not let himself be fooled.’
Key clients
AIG
Allianz GCS
Chubb
DSM
EY
Liberty
Marsh
RSA
AXA XL
Zurich
Swiss Re
Work highlights
- Advised insurers on highly-publicised multi-country recalls, due to ethylene oxide in sesame seeds.
- Represented a large accountancy firm in two instances with regard to a dispute revolving around the obligation to complain (article 6:89 DCC) in case of a professional liability claim. Recently, the Court of Appeal ruled in favour of the client.
- Advised a large broker involved in a cyber cover issue following class actions in the retail industry.
Allen & Overy LLP
Allen & Overy LLP‘s international reach and cross-practice strengths underpin its excellent reputation in the insurance sector. The Netherlands-based team comprises of practitioners with expertise in areas such as corporate, capital markets, litigation and financial regulatory. It acts as preferred counsel to nearly all of the major insurance companies operating in the domestic market. Corporate partner Katinka Middelkoop is experienced in buyer-side and seller-side transactions, mergers and restructurings; she is a regular adviser to clients such as Athora Group and AEGON. Middelkoop co-heads the practice with experienced litigator Brechje van der Velden, who is representing Irish insurance company SEB Life International in legal proceedings brought by customers who bought a life insurance product offered by the client to the Dutch market. Senior associate Daphne van der Houwen is a go-to adviser on insurance-related regulatory matters.
Practice head(s):
Brechie van der Velden; Katinka Middelkoop
Other key lawyers:
Charles Honée; Frank Doornik; Daphne van der Houwen
Testimonials
‘The A&O team is very professional, with a lot of knowledge and understanding of complex matters. The A&O staff really try to understand questions and come up with solutions.’
‘In general, the employees are best in class and well informed about current insights in their field.’
‘The team works well together and is always available. There is a good build-up of knowledge and experience within the team.’
Key clients
Reinsurance Group of America
Aegon
SEB Life International
Anbang Insurance Group
BNP Paribas Cardif
Voogd & Voogd
Athora Holding
Athora Netherlands
De Goudse
ASR
Work highlights
- Advised Aegon on the €830m sale of its Dutch subsidiaries holding the insurance, pension and asset management business in Hungary, Poland, Romania and Turkey to Vienna Insurance Group AG Wiener Versicherung Gruppe.
- Advised Anbang on the sale of VIVAT to Athora. This was one of the largest transactions in the European insurance market in recent history.
- Advised Reinsurance Group of America on the sale of Leidsche Verzekeringen to De Goudse.
Bird & Bird
Bird & Bird's liability and insurance team is led by qualified Supreme Court litigator Evelyn Tjon-En-Fa, who has experience of handling jurisprudence-shaping cases in the Netherlands. Under her leadership, the group undertakes contentious (litigation and arbitration) and non-contentious work, with a focus on matters connected with the high-tech, chemicals, infrastructure and construction industries. On the contentious side, notable workstreams include mass claims, policy coverage disputes, W&I and D&O cases. Elsewhere, the team is sought after for advice on the drafting of insurance policies, cyber policies, commercial/outsourcing matters and data protection. In a key development, Johan Polet joined from Simmons & Simmons in December 2020.
Practice head(s):
Evelyn Tjon-En-Fa
Other key lawyers:
Johan Polet; Laura Grijpma; Marieke van den Heuvel; Jeffrey Maalderink
Key clients
Ducor Petrochemicals
Bazan Oil Group
Shiloh Industries, Inc.
EasyJet
Royal BAM Group
Visser & Smit Hanab
Torghatten ASA
Yelo
Axa
Work highlights
- Acting for construction and energy companies in major coverage disputes in the Netherlands and London insurance market in relation to construction, energy and infrastructure projects. These cases involve professional indemnity, construction all-risk and machinery breakdown/business interruption claims.
- Advising one of the former advisory supervisory board members of a transport/shipping company in one of the most important corporate fraud and liability cases of the past few years, with regards to both the liability and the insurance/policy coverage aspects of the matter.
- Representing Ducor – a major player in the oil and polypropylene industry – and its machinery breakdown insurer in proceedings against Nalco, a water treatment company, claiming damages for major and sudden corrosion in Ducor’s systems leading to massive damages (inter alia business interruption damages). The case is currently pending before the Court of Appeal in The Hague.
Cox Ten Bruggencate Advocaten
Cox Ten Bruggencate Advocaten's team excels in handling complex insurance disputes that end up in arbitration and court proceedings, and it is also acknowledged for its strengths in resolving matters through ADR and mediation. The group's workload spans a wide variety of claims, such as those involving property liability, goods-in-transit, employers liability, professional liability, construction liability and product liability. Jacco van de Meent is acting for Dutch property insurers in a €4m claim relating to an explosion at a housing estate, which was caused by excavation works. He co-heads the practice with Joeri Cox and Carlijn ten Bruggencate. Jan ter Meer is also recommended.
Practice head(s):
Jacco van de Meent; Joeri Cox; Carlijn ten Bruggencate
Other key lawyers:
Jan ter Meer
Key clients
MS Amlin
Liberty
XL Catlin
ASR
Nationale Nederlanden
Avéro Achmea
Allianz
Tokio Marine
HDI
AIG
Aon
Reaal
Hogan Lovells International LLP
Led by Victor de Vlaam, Hogan Lovells International LLP's team in Amsterdam is seen as a go-to for particularly complex insurance and reinsurance transactions, such as cross-border M&A and portfolio transfers of life and non-life products, in addition to advising on market admissions, restructurings of insurance companies and regulatory issues. Reflective of the firm's strengths in the insurance arenaa, in 2020, de Vlaam, Robert Masman and associate Janelle de Ruiter were among the advisers to NN Group and NN Life on three transactions to transfer the full longevity risk associated with circa €13.5bn of pension liabilities in the Netherlands. Danielle du Bois-Buné joined from Allen & Overy LLP in May 2021.
Practice head(s):
Victor de Vlaam
Other key lawyers:
Robert Masman; Aafke Pronk; Janelle de Ruiter; Marieke Plaisier; Danielle du Bois-Buné
Key clients
Nationale Nederlanden
Swiss RE
SCOR
Resolution Life
Leidsche Verzekering Maatschappij
Reinsurance Group of America (RGA)
Work highlights
- Advising NN Group (NN) and NN Life on three transactions to transfer the full longevity risk associated with in total approximately €13.5bn of pension liabilities in the Netherlands. The transactions have been entered into with reinsurance companies Canada Life, Munich Re and Swiss Re. These reinsurance transactions are the one of the largest reinsurance transactions in the Dutch market in years.
- Assisted Leidsche during the acquisition and with advice on its boards with respect to the acquisition by De Goudse.
- Providing Dutch legal advice to the Swiss Re Group on various reinsurance treaties entered into between Swiss Re, as the reinsurer, and a Dutch cedant.
Ploum
Ploum‘s insurance practice, which sits within the firm’s dispute resolution department, generates mandates from a broad cross-section of clients, notably insurance companies, insured parties, brokers, loss adjusters and municipalities. Its contentious work includes professional liability (particularly matters involving accountants) and D&O liability claims. Health, safety and environmental matters are also seen as a key area of strength; Natalie Vloemans, who leads the insurance team, has expertise in HSE and petrochemical industry claims. Elsewhere, construction-related insurance matters are another driver of activity. Maurice Verhoeven and Vincent Terlouw are other key individuals in the group.
Practice head(s):
Natalie Vloemans; Maurice Verhoeven
Other key lawyers:
Vincent Terlouw; Nicole de Boer
Key clients
Koole Terminals Botlek/Odfjell Terminals
Allianz
VolkerWessels
AIG
HDI Global Specialty
Nederlandse Publieke Omroep/Dutch Broadcasting Union
Deloitte
Swiss Re
ATM
Chemours
SAAone
Engie
Bergbanket
Media Markt
Westenburg
Klap No Risk B.V.
QBE
TBI
Heijmans
Work highlights
- Assisting Koole (formerly Odfjell) with an insurance claim against several co-insurers, following the shutdown of the Odfjell terminal in 2012.
- Advising SAAone on insurance disputes in connection with CAR insurance and PI insurance.
- Assisting an insurance broker who faces multiple claims in relation to the COVID-19 pandemic.