Lars Gerspacher
Partner, LLM (Maritime Law)
Lars Gerspacher specialises in insurance and reinsurance law, and transport and trade law, with a particular focus on aviation and shipping. He often represents clients in international arbitration proceedings, and is always on hand to assist insurers and reinsurers in setting up their business in Switzerland and to advise them subsequently in their transactions.
- Representing insurers and reinsurers in litigation or arbitration proceedings in relation to various lines of business (such as marine, aviation, D&O liability, E&O, fidelity and other financial lines)
- Drafting policies and reinsurance contracts for insurers and reinsurers and advising them on compliance with regulations set by the Swiss Financial Market Authority (FINMA)
- Setting up insurance and reinsurance businesses in Switzerland and Liechtenstein, and drafting the required business plans for submission to the relevant regulators
- Lars is recognised as being one of the leading practitioners in Insurance & Reinsurance law, as well as in Transportation law, in the International Who's Who Legal. Lars is also recommended by the latest Legal 500 as Leading Individual in Insurance and Transport
- Lars was admitted to the Swiss bar in 2000. He read law at the University of Zurich and obtained his LLM in Maritime Law from the University of Southampton in 2003
- Languages: German and English
Presentation23.05.2022
Presentation11.09.2019
gbf Aviation Law Workshop 2019
Subrogation in aviation matters in the aftermath of BGE 144 III 209
Publication01.06.2019
Reinsurance Wording Forum
Presentation on ex gratia payments in insurance and reinsurance matters.
Third-party liability multinational coverage dispute
We successfully represented a Swiss insurer in a large multinational third-party liability coverage dispute arising from the selling of genetically modified corn in the US.
Cyber insurance
Advising the insurer against its insureds arising from cyber attacks against a watch manufacturer and a bank.
Cargo insurance
Advising cargo insurers in a coverage dispute arising from alleged water contamination of the insured bulk cargo fuel oil.
Third party product liability insurance with US and UK exposure
Representing insurers in a coverage dispute against the manufacturer of chemical products being sold in the US and the UK.
Event cancellation insurance and COVID-19
Representing the insurer against the policyholder in a coverage dispute arising from cancelled fairs.
D&O, FIPI and Crime Insurance dispute
Acting as coverage counsel for insurers in various insurance matters against private banks arising from the alleged payments of retrocessions.
Third-party liability multinational coverage dispute
Representing various insurers in a large multinational third-party liability coverage dispute arising from the selling of herbicides in the US.
Reinsurance dispute arising from COVID-19
Advising a group of reinsurers under various property treaties in relation to business interruption.
Release from supervision
We fully ran off all remaining claims of a Swiss licenced insurer and closed thereafter the company. This is one of the very few successful cases in Switzerland.
Credit insurance
Advising credit insurers in a complex leasing structure in connection with aircraft non-payment insurance policies.
Master international liability insurance policy
Advising insurers against its insured, a designer and manufacturer of pumps, in connection with various liability disputes in the US.
D&O Insurance coverage matter
Acting for the D&O insurer against its policyholder in a coverage dispute arising from the alleged wrongful investing of the company’s assets.
Business interruption insurance arising from COVID-19
Defending the interests of a property insurer before the Commercial Court of the Canton of Zurich against hotel owners trying to challenge the pandemic exclusion clauses.
Insurance carrier professional liability insurance
Representing a Swiss insurer in a large professional liability insurance matter arising from alleged bad faith conduct in the US against one of its insureds.
Piracy
Advising hull & machinery war risks insurers in relation to a piracy event occurring on a Swiss vessel off the coast of Nigeria in 2018.
Financial institutions professional indemnity insurance
Advising insurers in a coverage matter arising from claims brought by clients against its bank (the insured) in connection with the wrongdoings of external asset managers.
Sale of a reinsurance company
We assisted the seller of a reinsurance company in the drafting of the Share Purchase Agreement and the regulatory submissions.
Capital reduction for a direct insurance carrier in run-off
We obtained authorisation from the Financial Market Authority (FINMA) to reduce the share capital of a primary insurer below the capital requirements stipulated by the Supervisory Ordinance.
Professional liability of trust companies
We advised two insurers in a large professional liability case arising from the performance of trust services to a high net-worth individual.
Sports association and EU competition law
We advised the E&O liability insurer of a sports association in a coverage claim arising from a complaint of two athletes against the sports association at the EU Commission alleging a breach of EU competition law.
Alleged theft
We represented a cargo insurer in a coverage dispute which went up to the Supreme Court of Switzerland (case no. 4A_659/2016). This case involved issues regarding the statute of limitations and the missing proof of the insured event.
Arbitration between trading company and producer
In an arbitration under the ICC Rules in Paris we represented a South-East Asian producer against a Swiss trading company.
Obtaining licence for a foreign direct insurance carrier
We drafted the business plan for a foreign direct insurer and obtained licence from FINMA to write aviation, property and liability business in Switzerland.
Arbitration in relation to the construction of a sailing yacht
We represented the owner of a catamaran in an arbitration under the Swiss Rules concerning the defective construction of the vessel.
Sole Arbitrator in a coverage dispute
Lars Gerspacher acted as Sole Arbitrator in ad-hoc arbitration proceedings. The matter concerned a coverage dispute in relation to the sale of corrugated iron sheets.
Sole Arbitrator in a matter regarding the supply of fans
Lars Gerspacher acted as Sole Arbitrator in arbitration proceedings under the Swiss Rules. The case related to the sale of fans for a gas cleaning system under the Vienna Convention for the International Sale of Goods.