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Legal solutions for your insurance sector outsourcing projects

What we do for our clients

Outsourcing is a tool used by most insurance sector organisations, enabling them to focus efforts on their core business. Whilst cost saving remains a real driver for any outsourcing arrangement, the use of outsourcing has matured and has become a powerful tool for driving business change, innovation and continuous improvement and also helping manage regulatory compliance and industry standards. We have a team of outsourcing lawyers who have in-depth experience in outsourcings in the insurance sector and also the wider financial services market.

Our outsourcing team was recently awarded Outsourcing Advisor of the Year by the National Outsourcing Association in the UK. We have an enviable track record in insurance sector outsourcing projects, having worked on some of the largest outsourcing deals of recent years. This gives us both transaction knowledge and the methodologies to undertake the most complex contracts within the given timetable and in a cost-effective manner.

Our focus is always on the key commercial drivers behind any outsourcing transaction and managing the risk appropriately, concentrating on areas such as service delivery, pricing and ensuring flexibility is embedded into the relationship. What is key in the current market is extracting value from the relationship, and our advice always helps deliver that value.

In addition to our pure outsourcing experience, at Eversheds Sutherland we have also advised on regulatory issues arising from outsourcing by insurance risk-carriers and intermediaries, including in relation to: prudential/capital investment management outsourcing for an international insurance/reinsurance group; IT outsourcing for the UK subsidiary of a global reinsurance group; captive management outsourcing; the establishment of offshore ‘head office’ operations. Advising on transfers of life and pensions insurance business by court schemes under Part VII of the Financial Services and Markets Act 2000.

Innovation in outsourcing

Eversheds Sutherland has developed a series of tools designed to make outsourcings more efficient and easier to manage, including:

Legal risk paper – we appreciate that outsourcings involve risk and that key stakeholders need to be made aware of the risks. We frequently report on the risks and their mitigation prior to signature and can prepare a risk paper for your Board to review, as part of its risk assessment and approval process.

Issues log – we provide an issues log to assist with negotiations which allocates responsibilities, flags timelines, tracks negotiating positions and allows the project team to sort issues and keep track of the overall deal.

Living the contract – we provide a post contract knowledge transfer to the retained function, plus education in how to avoid the regular traps.

Financial Services Toolkit – we have developed a tool for financial services organisations to use to assess whether their outsourcing contracts are compliant with FSA requirements.

Experience

  • Acting for WNS Global Services on its competitive tender for a large scale business process outsourcing contract with Aviva. The transaction involved the acquisition of Aviva’s offshore operations in India and Sri Lanka, comprising over 5800 FTE and the completion of a multi-year US$ 1 billion business process outsource master services agreement, relating to a comprehensive spectrum of life and general insurance business critical processes.
  • Advising a major insurance broker on the outsourcing of the majority of its critical IT infrastructure and IT services, including the provision of all IT infrastructure and data centre services, service management, service desk, end user computing, portable devices, telephony support, infrastructure management, incident and problem management, change management, business continuity and third party management.
  • Advising Novia Financial on its appointment by Aegon to develop and operate a new wrap platform which would form a key part of Aegon’s distribution strategy under the Retail Distribution Review.