Regulation through to Litigation


We advise many of the largest internationally operating insurance groups and financial institutions based in the Netherlands on the application of the rules and regulations on the supervision of financial markets. Our clients trust us with significant mergers and acquisitions, regulatory capital-raising transactions, large outsourcing arrangements, global custody and securities lending, and investment management mandates. Clients also recognise our expertise when seeking advice on which complex supervisory rules they are subject to.


We advise clients regarding policy wording, coverage advice and claims litigation. We are regularly asked to review clients’ entire (often global) insurance portfolios, and we handle many coverage disputes, generally representing large corporate insureds. We provide specialist advice on claims litigation, policy wording and coverage advice, and advise on a wide range of contentious insurance matters (to include D&O insurance, professional liability insurance, Bankers Blanket Bond and general and product liability insurance (GPL)).

Many of our lawyers have significant transactional experience, and are actively involved in regulatory developments, on both a national and European level. We frequently publish on these developments and often work with legislative and supervisory authorities in the Netherlands in consultative processes. De Brauw is currently part of the group of experts preparing for the implementation of the European Solvency II legislation (constituting a major overhaul of the regulation of the European insurance sector) in Dutch legislation. As our leading Litigation and Arbitration practice includes a strong Supreme Court litigation practice, other law firms often turn to us to handle their insurance matters before the Supreme Court.

Recent Matters

13 December 2023

De Brauw advises BlackFin on acquisition of Aon's personal lines brokerage and MGA business

De Brauw is advising BlackFin Capital Partners on the carve-out acquisition of the personal lines brokerage and managing general agent (MGA) business of Aon Netherlands.
2 July 2023

Aegon to change its legal seat to Bermuda

On 30 June 2023, Aegon announced its intention to change its legal seat to Bermuda. As a result of the sale of its Dutch business to a.s.r., Aegon will no longer have a regulated insurance business in the Netherlands. DNB will therefore no longer be able to be Aegon's group supervisor, with group supervision to instead transfer to the Bermuda Monetary Authority (BMA). Aegon will maintain its headquarters in the Netherlands, will remain a Dutch tax resident and will continue to be listed on Euronext Amsterdam and on the New York Stock Exchange (NYSE). Aegon will also make certain amendments to its governance pursuant to becoming a Bermuda Ltd., including changing to a one-tier board. The matter involved many interesting aspects such as: - designing an unprecedented double cross border conversion: first a conversion from Aegon N.V. into Aegon S.A. - a Luxembourg entity - and subsequently from Aegon S.A. into Aegon Ltd. This was further complicated by the pending implementation of the Mobility Directive into Dutch law, which would have far reaching implications on the structure of the conversion if implemented prior to publication of the conversion proposal- designing a new governance structure for Aegon Ltd that (i) continues to take into account the interests of Aegon and its stakeholders, (ii) applies well-recognized and accepted international governance standards and (iii) preserves the current governance to the extent possible and practical in view of the change in legal domicile- extensive regulatory analysis and interaction with the various involved supervisors in order to arrive at a suitable solution for group supervision following the transaction with a.s.r.- due to Aegon's US listing, a US prospectus is required for the change in legal domicile, impacting the potential timelines for implementation- ensuring a set-up that would ensure that Aegon remains tax residence in the Netherlands, a key aspect for AegonThe matter showcased perfectly the integrated offering by De Brauw, with MACM, Corporate Advisory, FMR, Tax, F&R, EEB and Litigation teams working together seamlessly to be able to advise Aegon on the myriad of questions and issues that arose during the project.
16 January 2023

Rivean Capital to acquire CED Group from BlackFin Capital Partners

De Brauw is advising Rivean Capital on its planned acquisition of the CED Group. The CED Group is a Dutch headquartered company and offers its clients a full range of claims management services, ranging from risk taxation and inspection to emergency assistance, together with (injury) claim loss adjustment and handling, repair in kind and recourse. CED is active in the Property, Mobility and Vitality domains and has a strong cross-border claims organisation. Besides the Netherlands, the CED Group is active in France, Belgium and Spain and has offices in 8 other countries for cross-border claims activities.

The "very thorough and hands-on" team is… very capable in adjusting to local circumstances, and its ability to do cross-border comparative law investigations is key."

Chambers Europe, 2021


16 April 2020

Dutch Pension Deal should distribute financial shocks fairly, but how?

The coronavirus pandemic causes human suffering, will lead to financial shocks and may hit pensions hard. The expectation is that those in work will be able to mitigate losses with future earnings, but pensioners do not have this opportunity. Two eminent economists in the Netherlands recently outlined a pension system that distributes shocks between the young and old. They propose attributing financial risks based on personal pension assets and objective market valuation. Pension funds divide the non-financial risks (life expectancy, expected future return and inflation) based on subjective estimates and defined ambition. This enables pension funds to distribute highs and lows, in the interest of social cohesion. Their blueprint can help the government and others who are currently engaged in working out the details of the new Pension Deal.
17 December 2019

UK election makes 31 January 2020 Brexit date inevitable

With a convincing Conservative majority win in the recent UK general election, Boris Johnson is expected to present his revised Brexit deal to parliament before Christmas. A new protocol in the revised deal replaces the controversial backstop arrangements in Theresa May's deal.
16 May 2019

Financial Markets in brief – new regulations and other developments

There have been many developments in national and European financial markets regulation during the past month. We provide a brief overview of these developments, which include the Council of the EU's vote on the EU banking reform package and, in the Netherlands, the adoption of a Dutch bill implementing the Prospectus Regulation and the rejection of a remuneration bill put forward by some members of parliament.