Advising Underwriters and Product Leads on legal risk in documentation (e.g. insurance policies/wordings/endorsements, NDAs, underlying transaction documentation and/or structures) including:
establishing a policy wording framework across all products to provide an agreed baseline for all products;
advising on structures and documentation for any products where third party capital is managed;
where necessary, reviewing any underlying documentation and/or transaction structure that Underwriters and Product leads identify as being outside of the framework or where they are produced by brokers or pre-agreed by lead insurers;
establishing a process for reviewing and approving NDAs in an efficient manner in accordance with Group NDA Guidance, ensuring that where appropriate pre-agreed concepts are included;
for more complex transactions, ensuring the triggers in the policy wording correctly reflect the mechanics in the underlying documentation to ensure the policy will respond correctly;
advising on any deviations from the baseline framework, market standard, unusual clauses/legal risks, jurisdictional issues, etc.;
participating in discussions with brokers and/or clients to explain areas of disagreement / interpretation; and
recording deviations from the baseline framework agreed master terms per client.
Interacting with the claims process to assist in coverage analysis and to apply refinements to the policy wordings as applicable.
Maintaining a baseline of acceptable terms and templates (e.g. NDAs, wordings, NBIs, etc.) agreed with the Head of each Product.
Participating in industry bodies (e.g. Lloyd’s/LMA working groups, etc) and engaging with relevant regulatory bodies (e.g. Lloyd’s) to both: (i) ensure that Underwriters and Product Leads are aware of any relevant market and/or regulatory developments, and (ii) participate in discussion groups to drive new wordings/regulation/market issues.
Ensuring that changes in relevant legislation or case law are highlighted to Underwriters and Product leads in a timely manner and, where appropriate, reflected in documentation.
Assisting Underwriters and Product Leads with engaging appropriate stakeholders (e.g. Compliance in relation to sanctions concerns, Procurement in relation to onboarding new advisors, etc.).
Educating Underwriters and Product Leads on relevant legal issues and developments by regular communications and training.
Where appropriate, instructing external counsel to advise on particular matters relating to specific products.
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