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Litigation before the Dutch Courts

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Insurance and Liability

The experts of the insurance and liability law section at Conway & Partners have many years of experience in successfully handling cases in their area of specialization. We maintain a dedicated team of attorneys who advises and conducts legal proceedings for both nationally and internationally operating companies, insurers, insurance brokers, insurance experts, commission agents and – on occasion – private individuals. Our track record is well established. Our attorneys have acted as counsel in some of the largest disputes to come before not only the national courts, but also other European courts in regard to insurance coverage and liability, one example being the Mont Blanc Fire cases. In addition to our wealth of experience, our insurance and liability team has an unprecedented record of achieving successful results for our clients. Our team invests much time and energy in keeping their expertise at the highest possible level. Moreover, they are active members of various national and international associations, attend and present seminars and classes, as well as publishing articles in professional journals and books.


General

The claims culture has also reached the Netherlands, and is no longer a purely American phenomenon. Our attorneys are first and foremost litigators, and thus are most comfortable representing their client’s interests on a variety of matters before the courts. In its core litigation practice they are well versed in representing clients involved in general liability disputes such as employer liability, claims for damages resulting from product liability and similar areas. We act on behalf of insurance providers and claimants in regard to such matters which can include claims arising in various industries such as construction, oil, chemicals, energy, consumer products, food and water. Additionally, our team has considerable experience appearing before domestic arbitral tribunals sitting in regard to insurance disputes.


Construction All-Risk Insurance

Conway & Partners attorneys work closely with contractors and insurance providers in regard to coverage disputes for claims arising from major industrial projects. In particular, we have a long history of dealing with disputes arising under CAR or Construction All-Risk insurance policies on behalf of insured contractors, constructors, architects and engineers. Our attorneys have acted on behalf of firms involved in a number of large industrial projects, both domestic and international, and often work together with our construction and engineering specialists to provide comprehensive service to those clients dealing with coverage disputes relating to such projects.


Professional Liability

The insurance and liability professionals at Conway & Partners are particularly experienced in handling disputes regarding professional liability. Our expertise in such matters extends on the one hand to advising on the liability of financial professionals, including accountants, tax lawyers, attorneys, civil law notaries and their insurers. On the other hand, we handle liability relating to technical professions such as engineers, architects and intermediaries involved in the insurance industry and other providers of professional services in, e.g., the medical branch, and their respective insurers. The lawyers of Conway & Partners have acted as counsel in large and complex claims concerning some of the best known professional service firms in the Netherlands.


Directors and Officers Liability

The liability of directors and officers is becoming increasingly complex in the context of a global economy. The fact that many corporations conduct operations in various parts of the world can have an impact on the liability of the management. The lawyers of the insurance and liability practice at Conway & Partners have considerable experience in this area of the law, and have represented parties or provided preventive counseling to individuals concerned with liability issues which may arise under Dutch law (such as e.g. mismanagement, tax, insolvency and fraud issues), as well as represented such parties in litigation.


Other types of insurance and liabilities

In addition to the above mentioned areas of insurance and liabilities, we are also specialized in the following areas:

  • Fire
  • Theft and fraud
  • Export credit insurance
  • Loss of goods
  • Environmental issues

Profile

The practice is divided into two subsections: the insurance practice and the liability practice.

Subsection: insurance

The subjects falling under this category include the following:

  • Advice on policies
  • Co-insurance
  • Coverage issues
  • Reinsurance
  • Recourse
  • Claims handling
  • Supervisory legislation
  • Representation and agency

Subsection: Liability

This subsection covers, amongst other subjects, the following areas:

  • General commercial liability
  • Professional liability
  • Directors and officers liability
  • Contractual liability
  • Products liability
  • Employers liability

Representative cases

For an illustrative list of cases from our insurance and liability practice see the Insurance and Liability Litigation Experience.