Insurance and Intermediaries


We have in depth knowledge and many years’ experience in acting for Insurers in negotiating, defending and taking proceedings in all courts and advising on the authorisation, compliance and other requirements applicable to Insurers arising under Irish and EU law and guidance (including that of EOIPA(European Insurance and Occupational Pensions Authority)).

More particularly we advise on:

  • Authorisation requirements for Insurers in order to establish a branch or main office in Ireland, including the requirements for authorisation and capital arising under the Solvency II Regulations.
  • Authorisation requirements specific to Captive Insurers. Specific Limitations on Captives imposed by law
  • Claims Management and the putting in place of claims management agreements for Insurers under the Motor Insurance Directives 
  • Compliance Advice, including on claims management, Consumer Protection Code Compliance, Data Protection Laws, Data Security, Reporting Requirements, Compliance generally with all Central Banks Guidance and with
  • Code of Corporate Governance for Insurers and compliance requirements
  • Compliance by Insurers with the Central Bank Fitness and Probity regime. We have developed a compliance manual which consolidates all the requirements of the Central Bank in this area 
  • Contracting by Insurers with Intermediaries and advising on the rights and obligations of Insurers in such connection 
  • Intercompany Agreements between Insurers and other group entities and how these are regulated and when Central Bank consent is required 
  • Intermediaries, authorisation requirements including the impact of the Insurance Distribution Directive, compliance advice with the IMD Regulations, the Consumer Protection Code, Data Protection Laws compliance, the IIA 1995 compliance, the Fitness and Probity Regime and drafting of their Terms and Business, including distinguishing obligations owed to appointor and customers
  • Marketing of Insurance products in light of the Consumer Protection Code, the Solvency II Regulations, the Data Protection Acts, the code of practice specific to Insurers, the Motor Insurance Directives and the Road Traffic Acts, the new Insurance Distribution Directive (IDD2) and the Commission’s Regulation on Key Information documents for packaged retail and insurance-based investment products (PRIIPs).
  • Marketing of Insurance Products over the internet and contracting with and binding customers online
  • Outsourcing by Insurers and the structuring of outsourcing agreements and how Solvency II impacts outsourcing by Insurers and when it is prohibited and when Central Bank consent is required.
  • Passporting into England. We have English law capability and have advised extensively Insurers on passporting their services into England
  • Policies, Application Forms and Schedules to Policies, advising on and drafting them
  • Securitisation proposals for Insurers as amendments to Solvency II

Related Insights - News & Publications

Repudiation of Insurance Contracts: New Reform of UK Law

12 November 2015 by Robert F. Browne, Partner

The UK Insurance Act of 2015 will come into effect in August 2016. It has updated the law relating to Insurance and has sought to strike more balance between Insurance Companies and Policy Holders. Hopefully the Irish legislature will sit up and take notice.

Repudiation of Insurance Contracts

9 June 2015 by Robert F. Browne, Partner

The duty of someone completing a proposal form for insurance is to volunteer information to an insurance company where the information would appear to a prudent insurer to be material to a decision whether to accept a risk, and on what terms.

Key Contacts
Robert F. Browne
Partner

IFSC, Dublin
He advises extensively on all aspects of Banking and Commercial Litigation, Injunctions, Financial Services and Insurance, Corporate and Private Client Litigation.

T: +353 (0) 1 859 0100

F: +353 (0) 1 670 2988

E: rbrowne@mckr.ie

Paul Foley
Partner

IFSC, Dublin
Paul practises both English and Irish law and specialises in cross border financial services law, online trade and internet law.

T: +353 (0) 1 670 2990

F: +353 (0) 1 670 2988

E: pfoley@mckr.ie

Nicola Sweeney
Solicitor

IFSC, Dublin
Nicola advises financial institutions in relation to the enforcement of security and court applications for the recovery of debt in all courts.

T: +353 (0) 1 670 2990

F: +353 (0) 1 670 2988

E: nsweeney@mckr.ie

Ciara Meskell
Solicitor

IFSC, Dublin
Ciara specialises in commercial litigation and employment law, with an emphasis on the financial sector.

T: +353 (0) 1 670 2990

F: +353 (0) 1 670 2988

E: cmeskell@mckr.ie



Insurance and Intermediaries


We have in depth knowledge and many years’ experience in acting for Insurers in negotiating, defending and taking proceedings in all courts and advising on the authorisation, compliance and other requirements applicable to Insurers arising under Irish and EU law and guidance (including that of EOIPA(European Insurance and Occupational Pensions Authority)).

More particularly we advise on:

  • Authorisation requirements for Insurers in order to establish a branch or main office in Ireland, including the requirements for authorisation and capital arising under the Solvency II Regulations.
  • Authorisation requirements specific to Captive Insurers. Specific Limitations on Captives imposed by law
  • Claims Management and the putting in place of claims management agreements for Insurers under the Motor Insurance Directives 
  • Compliance Advice, including on claims management, Consumer Protection Code Compliance, Data Protection Laws, Data Security, Reporting Requirements, Compliance generally with all Central Banks Guidance and with
  • Code of Corporate Governance for Insurers and compliance requirements
  • Compliance by Insurers with the Central Bank Fitness and Probity regime. We have developed a compliance manual which consolidates all the requirements of the Central Bank in this area 
  • Contracting by Insurers with Intermediaries and advising on the rights and obligations of Insurers in such connection 
  • Intercompany Agreements between Insurers and other group entities and how these are regulated and when Central Bank consent is required 
  • Intermediaries, authorisation requirements including the impact of the Insurance Distribution Directive, compliance advice with the IMD Regulations, the Consumer Protection Code, Data Protection Laws compliance, the IIA 1995 compliance, the Fitness and Probity Regime and drafting of their Terms and Business, including distinguishing obligations owed to appointor and customers
  • Marketing of Insurance products in light of the Consumer Protection Code, the Solvency II Regulations, the Data Protection Acts, the code of practice specific to Insurers, the Motor Insurance Directives and the Road Traffic Acts, the new Insurance Distribution Directive (IDD2) and the Commission’s Regulation on Key Information documents for packaged retail and insurance-based investment products (PRIIPs).
  • Marketing of Insurance Products over the internet and contracting with and binding customers online
  • Outsourcing by Insurers and the structuring of outsourcing agreements and how Solvency II impacts outsourcing by Insurers and when it is prohibited and when Central Bank consent is required.
  • Passporting into England. We have English law capability and have advised extensively Insurers on passporting their services into England
  • Policies, Application Forms and Schedules to Policies, advising on and drafting them
  • Securitisation proposals for Insurers as amendments to Solvency II

Related Insights -
News & Publications

Repudiation of Insurance Contracts: New Reform of UK Law

12 November 2015 by Robert F. Browne, Partner


The UK Insurance Act of 2015 will come into effect in August 2016. It has updated the law relating to Insurance and has sought to strike more balance between Insurance Companies and Policy Holders. Hopefully the Irish legislature will sit up and take notice.

Repudiation of Insurance Contracts

9 June 2015 by Robert F. Browne, Partner


The duty of someone completing a proposal form for insurance is to volunteer information to an insurance company where the information would appear to a prudent insurer to be material to a decision whether to accept a risk, and on what terms.

Key Contacts
Robert F. Browne

Partner

IFSC, Dublin
He advises extensively on all aspects of Banking and Commercial Litigation, Injunctions, Financial Services and Insurance, Corporate and Private Client Litigation.

Tel: +353 (0) 1 859 0100

Fax: +353 (0) 1 670 2988

Email: rbrowne@mckr.ie

Paul Foley

Partner

IFSC, Dublin
Paul practises both English and Irish law and specialises in cross border financial services law, online trade and internet law.

Tel: +353 (0) 1 670 2990

Fax: +353 (0) 1 670 2988

Email: pfoley@mckr.ie

Nicola Sweeney

Solicitor

IFSC, Dublin
Nicola advises financial institutions in relation to the enforcement of security and court applications for the recovery of debt in all courts.

Tel: +353 (0) 1 670 2990

Fax: +353 (0) 1 670 2988

Email: nsweeney@mckr.ie

Ciara Meskell

Solicitor

IFSC, Dublin
Ciara specialises in commercial litigation and employment law, with an emphasis on the financial sector.

Tel: +353 (0) 1 670 2990

Fax: +353 (0) 1 670 2988

Email: cmeskell@mckr.ie