Insurance & Takaful

Scope of Our Insurance Practice

JHJ has a strong insurance practice, supported by its longstanding relationship with a number of prominent general insurers and takaful insurers. The firm’s insurance lawyers are recognised for their ability to combine consistently rigorous analysis with astute judgment, giving clients a competitive edge. Our Insurance practice encompasses both contentious and non-contentious matters. For contentious matters, it specializes in these key areas: professional indemnity, medical negligence, product liability and reinsurance. On the non-contentious side the firm’s practice includes advice on: product development, regulatory aspects, tax, compliance, the insurance code of practice, claims procedures and protocols, alternative risk structures and captives and the acquisition or sale of insurance entities both locally and internationally.

Our Team

Our team is well respected by the insurance industry for our thorough knowledge of insurance law and our wide range of services. Our approach is result oriented and focuses on the decisive elements of a coverage dispute. As a starting point, we operate in an advisory capacity by providing analysis of coverage, rendering opinions on policy rescissions, and assisting with the legal and commercial aspects of product development. In addition, we defend insurance companies in malpractice litigation and professional liability issues. We do this by analysing insurance claims side by side with policies and laws to determine what is and is not covered.

The gamut of our expertise ranges across the widest possible spectrum of insurance related issues. Whether our client's goal is to enforce coverage, to transfer a risk to another carrier, to resolve a multilateral dispute among insurers, to validate or challenge a disclaimer, to prosecute or defend a declaratory judgment action or appeal, to engage in alternative mechanisms for dispute resolution, or to make and document coverage recommendations, we aim to meet these objectives expeditiously and cost effectively.

Reputation & Experience

Professional Liability

JHJ utilizes lawyers from different practice areas within the firm in handling matters for clients involving professional malpractice law issues. The firm has immense experience in handling professional liability claims, having represented physicians, lawyers, architects, real estate brokers, business owners, and various allied healthcare professionals. Malaysia’s premier Islamic insurers as well as the conventional insurance establishments employ this firm as their primary legal representation in Malaysia. JHJ is also frequently selected as defense counsel by professionals and their liability insurance carriers in legal malpractice and other professional negligence litigation.

Insurance Coverage

We are privileged to represent a number of the country’s leading takaful insurers in matters of insurance coverage. On a daily basis, we provide coverage advice, draft coverage opinions, and assist with reservation-of-rights letters. Frequently we represent our insurer clients in declaratory judgment matters as well. We are able to provide prompt, efficient and correct legal advice to resolve coverage issues efficiently and effectively in order to eliminate exposure for bad faith. We address coverage issues, ranging from uninsured motorist claims, product liability subrogation to wrongful death. We also have unique experience in assisting insurers in drafting policy language.

The breadth and depth of our experience in representation of insurers has assisted us in developing a cost effective and practical approach. Additionally, our team brings the real world experience to their insurance defence practice. The fact that we represent all the leading takaful insures in the country speaks not only of our knowledge and reputation but also of the cost effectiveness insurers realize from a long-term, solid relationship with an experienced insurance defence law firm. We have also represented our clients on complex multi million Ringgit insurance matters that were negotiated and resolved via arbitration. As such the diversity of experience on dispute resolution is commendable.

Product Development

JHJ has played a significant role in the product development of our insurer clients. Our insurance team was instrumental in drafting, underwriting and vetting certain policies for prominent takaful insurers to ensure that they are in conformity and coherent with Malaysian insurance practices. Our Insurance team has been involved in the introduction of many state-of- the- art insurance service products in this country. We played a significant role in the negotiations and documentation between our client and an Indian based IT firm for the introduction of a web based Interactive Insurance System which is currently in use today. We were also involved in an insurance firm’s exercise of improving their client documenting system via a Systems Intergration Services Agreement with an American based software firm.

Most recently our Insurance team was also involved in the collaboration between a takaful insurer and a German based international reinsurer for developing, managing, administering and distributing shari’ah based unit-linked savings plan. We advised and negotiated the Terms of Reference between the two parties and drafted the MOU’s, the distribution and cooperation agreement and all other ancillary documentation.

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