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Insurance & Reinsurance

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Insurance & Reinsurance

Postponement of the applicability of the Insurance Distribution Directive

On 14 March 2018, the European Parliament and the Council of the European Union adopted Directive 2018/411 postponing the application of the Insurance Distribution Directive ('IDD') to 1 October 2018. Directive 2018/411 also extends to 1 July 2018 the deadline for member states to transpose the IDD into national laws.The European Parliament held that the postponement from 23 February 2018 to 1 October 2018 for the coming into force of the IDD is to give insurance undertakings and insurance distributors more time to better prepare for a correct an effective implementation of the IDD. Directive 2018/411 also notes that a…
Petra Attard
22nd March 2018
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Insurance & Reinsurance

Insurance Intermediaries update: the Insurance Distribution Directive and the proposed amendments to the Insurance Intermediaries Act and the Insurance Business Act

Further to the MFSA Circular on the transposition of the Insurance Distribution Directive ('IDD') issued on the 10th April 2017, the MFSA has now issued a consultation document highlighting the main changes proposed to be carried out to the Insurance Intermediaries Act ('IIA') as well as the Insurance Business Act ('IBA'). Attached to the consultation document are the draft bills amending the IIA and IBA. The MFSA has also issued for consultation the proposed Insurance Distribution (Exemption) Regulations, 2017. A. Insurance agent, broker and managerThe IDD introduces a number of new requirements. In order for an insurance agent, insurance manger…
Petra Attard
1st August 2017
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Insurance & Reinsurance

Malta: Securitisation Cell Companies

The Securitisation Cell Companies Regulations (S.L. 386.16) which were enacted on the 28th November 2014 provide for an effective and robust legal framework for segregation of different sets of assets and risk instrument within a single special purpose vehicle, the Securitisation Cell Company, permitting the creation of multiple securitisation transactions without incurring any risk of cross-contamination between the different creditors and investors of the individual cells.To date the Maltese regulator, the Malta Financial Services Authority has 36 notified securitisation vehicles, and one reinsurance vehicle.Furthermore 17 cells have been granted a licence. Key features of Securitisation Cell CompaniesA Securitisation Cell Company (SCC)…
Petra Attard
11th May 2017
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Insurance & Reinsurance

Captive Review: Malta Focus

The captive continues to be considered as an important alternative risk transfer tool for an increasing number of companies including SMEs. Despite the fact that the captive insurance market continues to attract more interest, it requires to adapt itself to the new challenges of the 21st century. Increased compliance costs and higher capital requirements seem to be shifting the interest of captive owners from stand-alone captive to cell captives forming part of a Protected Cell Company structure. Malta provides the right regulatory environment and a diverse selection of corporate structures which have propelled this EU member state to become a…
Edmond Zammit Laferla
3rd March 2017
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Insurance & Reinsurance

Brexit and the Insurance Market – Destination Malta?

following the June 2016 decision of the UK voters to exit from the European Union, a number of players in the London insurance market started querying the possible long-term effects of Brexit. The main concern that is being flagged refers to the access to the EU single market. Undoubtedly, the single passport regime proved to be a successful story for the EU, which underpinned the continued growth and solidity of the EU's financial services industry. But, what if Brexit actually happens, the UK has to forfeit its right to access the EU single market and its firms will no longer be…
Edmond Zammit Laferla
12th January 2017
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Insurance & Reinsurance

Mamo TCV Obtains Favourable Decision for Plaintiffs in Insurance Proceedings

In a judgement dated 31st October 2016 presided by Mr. Justice Anthony Ellul, in the names Atlas Insurance PCC Ltd and Middlesea Insurance plc in their name and as subrogated in the rights of the insured Attard Bros Company Ltd vs Elmo Insurance Ltd, the Civil Court, First Hall held that the concept of double insurance in terms of English law was recognised in Malta and therefore the defendant company was obliged to contribute to the payment made by the plaintiff companies. This decision makes an important contribution to the body of Maltese insurance substantive law.This case focused on two…
Joseph Borg Bartolo
22nd December 2016