Practice area

Insurance law

Insurers, brokers and risk managers: the group drafts policies, checks the adequacy of cover and defends its clients in insurance disputes.


Overview

A privileged contact for insurance players — companies, brokers, risk managers — the Asterias Avocats group brings its experience to the drafting of insurance policies, the check of adequacy between commercial contracts and the cover taken out, and the implementation of global insurance programmes.

Beyond advice, the group assists and represents its clients in disputes over the triggering or interpretation of insurance cover. It also offers training tailored to all players of the insurance world.

The legal framework

Insurance law rests on the French Insurance Code, supplemented, in transport matters, by market policies and clauses (cargo, hull, liability). Transport insurance has its own usages: disclosure of the risk, the indemnity principle, the insurer's subrogation into the insured's rights against the liable third party, and its interplay with the carrier's liability regimes. The adequacy between the commercial contract and the cover taken out is often at the heart of the dispute.

The situations we handle

  • Drafting and audit of insurance policies and their clauses
  • Checking the adequacy of cover to commercial contracts
  • Setting up global insurance programmes
  • Triggering and interpretation of cover, claims handling
  • The insurer's subrogated recourse against the liable third party

How we work

Coming from the transport-insurance, broking and marine world, the group's lawyers master both the drafting and the litigation of cover. The group analyses the policy, the claim and the underlying contracts, assesses whether the cover is triggered and defends the interests of the insured, the insurer or the broker, as the case may be, up to the subrogated recourse.

Matters frequently connect with maritime law and transport law. Submit your policy or your claim to the group.


FAQ

Frequently asked questions

Does my cover really match my risk?
This is the question of adequacy between your commercial contract and the policy taken out. The group audits the cover, its exclusions and its trigger conditions to identify gaps before the claim — the moment when they cost the most.
What is the insurer's subrogated recourse?
Having indemnified its insured, the insurer is subrogated into their rights and may act against the third party liable for the loss — for instance the carrier. This recourse is subject to conditions and deadlines that must be secured from the moment of indemnification.
Do you act for the insured as well as the insurer?
The group supports companies, brokers, risk managers and insureds, in advice as in litigation, within the professional rules on preventing conflicts of interest.
Get in touch

A matter involving insurance law?