Insurance in Peru

Kennedys

International firm Kennedys excels in insurance work both globally and in Peru, an ideal choice for cross-border claims and international arbitration. The local team, led by pacesetter Marco Rivera Noya, stands out for its unrivalled focus and comprehensive offering of corporate, regulatory and dispute resolution for an impressive mix of top-ranked international and domestic insurers and reinsurers. The firm reports a busy year handling business interruption (BI) claims due to Covid-19 for market leaders Pacifico Seguros y Reaseguros and Rimac Seguros y Reaseguros, acting for the latter in BI claims to the value of $300m. Also of note, Rivera Noya is leading advice to LMIC, Ironshore and Pacifico on possibly the largest-ever product liability claim in Peru, valued at $14.5m. Fellow practice head Fernando Hurtado de Mendoza advises on property and casualty claims with niche expertise in aviation and maritime, while other key members of the team are litigator Kodiak Semsch and senior associates Noriko Hasegawa and Alonso Barreda.

Practice head(s):

Marco Rivera Noya; Fernando Hurtado de Mendoza

Testimonials

They can see the 360° perspective ​​in insurance, which is not easy to find in the offering of other firms.’

The speciality is important, as well as the knowledge of the players in the market, such as the regulators and brokers, among others. Marco Rivera is a lawyer with a lot of experience; he can provide solutions to complex situations. He is a fairly close consultant who does not hesitate to respond promptly and sharply. Noriko Hasegawa is a lawyer specialised in regulatory matters who actively participates in client decisions, in some cases leading projects in a fairly structured and comprehensive manner.’

They are an excellent team that knows the insurance and reinsurance system and its regulations. Our search was exceptionally successful.’

Noriko Hasegawa has been our direct contact since day one. She is a lawyer with extensive experience and great domain in regulatory matters. She provides excellent treatment and response times are almost immediate. The quality of service is A1. She works as a team with Gerson Vega who has demonstrated solid corporate and regulatory knowledge. We are very happy with the corporate advice, our registration, its renewal and the regulatory consulting in insurance and reinsurance.’

Key clients

Rimac Seguros y Reaseguros

Pacifico Cía de Seguros y Reaseguros

Liberty Seguros/LMIC

Munich Re

AmTrust

AXA/XL

Scor

AWAL

Zurich

Segdwick UK

Work highlights

  • Regular advice to local carrier Rimac Seguros y Reaseguros on coverage analysis, legal consultancy and litigation mandates, including almost $300m in claims this year filed by insureds alleging business interuption (BI) losses due to Covid-19-related measures.
  • Ongoing advice to Pacifico Seguros y Reaseguros with regard to policy drafting and registration, legal consultancy, and claims coverage analysis, including a hydropower plant claim for damages and BI of $40m, and what is possibly the largest ever product liability claim filed locally, amounting to some $14.5m.
  • Acting for Novae Syndicate 2007 (as slip lead) and Talbot syndicate 1183 (as second lead), as underwriters in the assessment of exposure and recovery actions related to bonds called by the Ministry of Transport and Communications; value $120m.

Osterling Abogados

Domestic firm Osterling AbogadosComparative Guides promotional icon has a longstanding reputation in this arena and consequently, is lead counsel to Peru's largest insurer Rímac Seguros y Reaseguros (Rimac). Its extensive client roster also includes several global industry names such as Allianz, AXA and Gallagher, indicative of the international capability of the practice - the team is knowledgeable in UK, US and Bermudan insurance law. While the firm advises across the board of insurance and reinsurance issues, including incorporation, M&A, underwriting and regulatory affairs, it is particularly strong in litigation and arbitration, where practice co-head Enrique Ferrando is pre-eminent. Fellow co-head Gabriel Loli advises on all aspects of the practice, with specialist experience in construction and engineering. Both partners are leading the defence of Rimac in arbitration with a large private electric power distribution company regarding payment of a $30m indemnity resulting from a loss occasioned during the construction of an underground hydroelectric power plant in Cuzco. An eight-strong associate bench includes recent hire Ibeth Torres, a senior associate formerly at Coface.

Practice head(s):

Enrique Ferrando; Gabriel Loli

Testimonials

The level of knowledge and quality of lawyers is excellent from top to bottom. They also have a deep knowledge of the insurance market.’

Gabriel Loli is an excellent lawyer. Great tactician and very easy to work with. Enrique Ferrando has an exceptional level of market knowledge and is highly respected. Katherine Fernandez is hard working and enthusiastic. Dani Garces is a diligent and effective junior.’

Professionalism and accuracy.

Personal approach and guiding the process well.’

Very responsive and knowledgeable.  High quality advice and very personable team.’

Gabriel Loli and Rabeth Pareja Torres are very user-friendly for insurance matters.

They are a team with knowledge of the local and international market that at the same time understands the problems of their clients and is proactive.’

Their strengths are knowledge of the market and of practical legal problems,  and they provide solutions to the claims.’

Key clients

Rímac Seguros y Reaseguros

Pacífico Seguros & Reaseguros

Rimac EPS

Clíinica Internacional

Asociación Peruana de Empresas de Seguros (APESEG)

Ohio National Peru

Pacífico Seguros y Reaseguros

Mapfre Perú Compañía De Seguros Y Reaseguros

Clyde & Co

Allianz Global Corporate & Specialty

Gallagher Seguros y Reaseguros

La Positiva Seguros

DAC Beachcroft

Coface

AXA Xl

Avla Insurance Group

Mitsui Sumitomo Insurance Company

Nationale Borg Reinsurance

Work highlights

  • Defending Rimac Seguros y Reaseguros in arbitration in which a large private electric power distribution company claims failure to comply with the payment of a $30m indemnity resulting from a loss occurred during the construction of an underground hydroelectric power plant in Cuzco, Peru.
  • Acted for the Peruvian Association of Insurance Companies (APESEG) on the legal strategy for the defence of four insurance companies in the event they were compelled to keep performing the obligations in contracts entered with the pension fund management companies (AFPs) for the affiliates’ collective insurance.
  • Representing Rímac Seguros y Reaseguros in a legal action brought against Infrassure in which the defendant is required to pay for reinsurance coverage.

Miranda & Amado

Miranda & Amado routinely advises Peru’s leading insurance companies on a broad spectrum of matters, including insurance product structuring, general regulatory, disputes and high-end corporate and finance transactions. Clients benefit from the support of the firm’s market-leading M&A and banking and finance teams in this regard. Notably, the practice is handling an increasing amount of work for local market leader, Rimac Seguros y Reaseguros, particularly on the regulatory side. Top-drawer advice is provided by head of practice Rafael Corzo, who is a combined banking and insurance specialist, in addition to leading partners from other practice areas, particularly Roberto MacLean (corporate) and Juan Luis Avendaño Cisneros (finance). Counsel Eduardo Wiese has over 30 years’ experience in banking and insurance regulatory work.

Practice head(s):

Rafael Corzo

Testimonials

The way in which the M&A team is composed is unique in the sense that profiles are selected not only based on knowledge and experience in the subjects, but also on the compatibility. They make sure people have a good match, and that attributes a lot to confidence and fluency.’

They know how to treat people, they are very professional but at the same time accessible. We faced many extreme schedules and commitments that they naturally knew how to handle, but they never lost their kindness, good treatment and the desire to have a good time. They managed to become part of the team, and propose constructive things even for the business. Recommend Rafael Corzo, Rafael Santin, Pablo Cassinelli and Alicia La Cruz.’

Broad management and knowledge of the issues; understanding of customer needs; efficient and timely advice; fluid interaction with the client; solid legal opinions; recognised professional careers; excellent availability to meet the client’s legal requirements.’

The firms strong points include grasp of the subject of their specialty, integrity, timely attention to the client’s needs, excellent treatment of the client and the ability to handle legal issues in the English language.’

Key clients

Rimac Seguros y Reaseguros

Peruvian Association of Insurance Companies (APESEG)

Banco Ripley Perú

AVLA Perú Compañía de Seguros

Fondo de Seguro de Depósito del Perú (Peruvian FDIC)

La Positiva Seguros y Reaseguros

Intercorp Financial Services and Interseguro Compañía de Seguros

Pacífico Compañía de Seguros y Reaseguros

Liberty Seguro

Work highlights

  • Advising AVLA Perú Compañía de Seguros in relation to the coverage of certain credit insurance policies where the insured is an important company in the oil commercialisation industry.
  • Advising Fondo de Seguro de Depósito del Perú (Peruvian FDIC) on certain regulatory aspects and in relation to the collection of the coverage of the Peruvian FDIC before a Peruvian financial entity in process of liquidation.
  • Providing ongoing, monthly advice to Rimac Seguros and its affiliate companies regarding insurance and corporate regulations, including, but not limited to, advice regarding the consolidation of officers before the Banking, Insurance and Pension Funds Superintendency; payroll deductions; and digital business in general.

Estudio Olaechea

Estudio Olaechea has valuable expertise in this area under lead partner Jesús Matos, who brings additional M&A and banking and finance know-how to the table alongside deep regulatory experience. Clients include a range of insurance brokers, agents, insurers, reinsurers and claims adjusters, while global companies and international law firms also seek the team's counsel. The practice handles compliance and insurance coverage disputes, as well as product development and representation before the Peruvian insurance authority. Satisfied clients highlight the teamwork, concise advice and high level of client care.

Practice head(s):

Jesús Matos

Quiroga & Barton Abogados

Having opened its doors three years ago, Quiroga & Barton Abogados continues to grow its market share, impressively attracting work from new clients Arthur J Gallagher Peru Corredores de Seguros, UK Club P&I and Cooper Brothers Ajustadores de Seguros, among others during the past year. The firm's core area of focus is the brokerage market, but the team also advises insurers and reinsurers on a broader range of issues. Practice heads Manuel Quiroga Suito and Víctor Custodio Burga are both established practitioners with significant experience and offer niche specialisation in maritime and construction risk, respectively. The team also includes associate Edwin Ortiz, who was former general counsel at Aon and has particular expertise in insurance intermediaries’ regulations.

Practice head(s):

Manuel Quiroga Suito; Víctor Custodio Burga

Testimonials

I believe that Quiroga & Barton stands out for their willingness to promptly eal with enquiries.’

The holding of periodic meetings by the lawyers about my queries and requests and in the follow-up of cases makes me feel safe and informed about the procedures that we maintain with the law firm. The personalised attention of the lawyers and response when they are called by telephone stand out.’

Key clients

Aon Peru Corredores de Seguros

Aon Benfield Corredores de Reaseguros

Willis Towers Watson

America Brokers Corredores de Seguros (Banco Pichincha in-house brokers)

Charles Taylor Adjusting

Cooper Brothers Ajustadores de Seguros

Marsh Rehder Corredores de Seguros

Arthur J Gallagher Peru Corredores de Seguros

UK Club P&I

JEF Corredores de Seguros

South Re Corredores de Reaseguros

BRG Corredores de Reaseguros

Work highlights

  • Acting for Grupo Edifica in claims against local insurers under construction policies, originated by the Covid-19 pandemic.
  • Advising Cooper Brothers on a claim brought by a paper factory against a local insurer regarding a fire at the facilities.
  • Advising Charles Taylor Adjusting/Standard P&I on the collision of a ship against a mineral ore pier.

Estudio Echecopar member firm of Baker McKenzie International

Dominant in all matters financial, Estudio Echecopar member firm of Baker McKenzie International naturally has noteworthy capability in the insurance sector, and stands out for is balanced practice advising both insurers and the insured. Subsidiaries of Willis Towers Watson, as well as Zurich, are among a growing number clients who instruct the practice, which typically advises on licences, permits and the authorisation of insurance and reinsurance activities. Matters related to public works, as well as ltiigation and arbitration, are key strengths. Experienced corporate partner Rafael Picasso has considerable insurance capability and steers the practice, while senior associate Luis Ernesto Marin plays an integral role.

Practice head(s):

Rafael Picasso

Key clients

Compañía de Seguros de Vida Cámara

Willis Corredores de Seguros

Willis

Viettel Perú

Derco Perú

Zurich Insurance Company

Lifemiles

Pacífico Seguros

Volcán Compañía Minera

Swisspartners Insurance

Work highlights

  • Successfully advised Vida Cámara on the assignment of a disability, survivorship and burial expenses insurance portfolio under the collective insurance policy in Rigel Peru’s private pension system, SISCO I.
  • Providing ongoing advice to Willis Limited in connection with its activities as a foreign reinsurance broker in Peru.
  • Providing ongoing advice to the Peruvian subsidiary of Willis Towers Watson regarding its insurance brokerage activities in the local market, especially regarding the interactions between Willis and the Peruvian Banking and Insurance Superintendence.

Richter Abogados

Richter Abogados is a spin-off of Torres Carpio Portocarrero & Richter Abogados, established in 2020 following the departure of well-known insurance and reinsurance partner Pedro Richter Valdiva and his team. Critically, the new venture has retained its relationship with leading UK-based insurance and reinsurance litigation firm DAC Beachcroft LLP, as its Lima associated office. Valdiva has over 30 years' experience in this sector, including a period in-house with a major domestic insurer, and heads up a compact but busy team. Work includes regulatory matters, claims and coverage management and litigation, while the client base is rich in heavyweights from home and abroad: Rimac Seguro, Pacifico Seguro, Zurich Re and Munich Re, among others.

Practice head(s):

Pedro Richter Valdivia

Key clients

Pacifico Seguro

Pacifico EPS

Rimac Seguro

Howden Re

Lenix Reinsurance Intermediaries

International Reinsurance Brokers Solutions

Confianza Seguros

Zurich Reinsurance

Munich Reinsurance

Hiscox Reinsurance

Axis Reinsurance

QBE Insurance (Europe) /QBE Casualty Syndicate 386

MAPFRE Reaseguros España

Consorcio Vial Sur

Contacto Corredores de Seguros

Work highlights

  • Obtained settlement for Consorcio Vial Del Sur as regards a $13m claim against its insurer which refused to pay out following work (highway construction) that was damaged by strong rains.    
  • Acted for QBE Insurance (Europe) /QBE Casualty Syndicate 386 as insurer and reinsurer on the $12m coverage claim initiated by Sedapal as a result of a January 2019 incident in San Juan de Lurigancho.
  • Providing ongoing advice to Pacifico Seguro in respect of various conflicts with clients who have been refused coverage and consequently complained to the SBS, the Defensoria del Asegurado or INDECOPI.

Rodrigo, Elías & Medrano – Abogados

Rodrigo, Elías & Medrano – Abogados retains some market share, despite enduring significant team departures in 2020. Twelve months on from assuming leadership of the practice, Guillermo Puelles appears to be balancing his broad personal practice (restructuring, insolvency and M&A) with steering the insurance work at the firm. The practice has traditionally acted for a number of international insurers and reinsurers as well as domestics, and has a strong track record of advising foreign reinsurance companies on incorporation and commencement of activities in Peru, including dealings with the relevant authorities. Associates Sabrina Montoya and Renzo Rossi are building capability in this area.

Practice head(s):

Guillermo Puelles

Rodríguez Angobaldo Abogados

Litigation and arbitration boutique Rodríguez Angobaldo Abogados has a strong insurance focus and reports a rise in instructions and claims during the past year, particularly in respect of health coverage, a consequence of Covid-19. Clients include leading Peruvian insurers, namely Rímac Seguros y Reaseguros, La Positiva and Pacifico EPS; the firm is acting for Rimac in proceedings against INDECOPI regarding the latter's interpretation of insurance legislation. In keeping with its growing practice, the team now fields two partners following the hire of arbitration and corporate lawyer Ursula Caro Tumba from Rubio Leguía Normand; she joins managing partner Fernando Rodriguez Angobaldo, who has maintained a focus on insurance issues throughout his career.

Practice head(s):

Fernando Rodríguez Angobaldo; Ursula Caro Tumba

Key clients

Rímac Seguros Y Reaseguros

La Positiva Seguros y Reaseguros

Pacifico EPS

Liberty Seguros

Work highlights

  • Representing Rímac Seguros y Reaseguros in a judicial process of compensation for damages to the value of $327,976.81.
  • Representing Rímac Seguros y Reaseguros in a contentious administrative lawsuit filed against INDECOPI seeking the annulment of decisions that misinterpret 2012’s Insurance Contract Law.  
  • Acting for Pacifico EPS in a contentious administrative process concerning the nullification of a resolution issued by the National Superintendence of Health (SUSALUD).