Mark provides corporate and commercial advice to the insurance industry. He specialises in transactional work and portfolio transfers involving general insurers, general reinsurers, life insurers and life reinsurers.
Mark’s practice includes advising national and international insurers and insurance industry service providers on issues related to corporate establishment, regulatory authorisation and product design, development and distribution.
Prior to working in Sydney, Mark worked in Bermuda for seven years representing both insurers and reinsurers.
Recently, Mark has advised clients with respect to finality and run-off solutions. In addition, he has developed cross-border solutions for international insurers with respect to their business in Australia and the Asia-Pacific region.
Mark has been a presenter at both industry and academic forums. He is the former President of the Sydney based Reinsurance Discussion Group and has served as a director on numerous boards of insurance companies and other related entities.
Mark has been named in Best Lawyers™ Australia for Insurance Law.
Mark’s recent experience includes:
- AXIS Specialty SE : Advised with respect to the transfer of its Australian branch business to the Australian branch of an international reinsurer, work included advising on the wording and documentation related to a whole of portfolio adverse development reinsurance cover;
- Major Australian Bank: Advised on the transfer and consolidation of its lender’s mortgage insurance program, including the amendment and restructure of its reinsurance platform;
- Large Australian Life Insurer: Advised life insurer with respect to a dispute with a reinsurer over a number of reinsurance treaties involving a number of different portfolios, including assisting in the negotiation and drafting of a whole of portfolio settlement agreement;
- Local Lloyd’s underwriting agency: Advised on policy terms and distribution documentation;
- LMI Insurer: Advised and drafted general insurance quota – share reinsurance program, involving 10 participants located in 3 separate jurisdictions;
- International Run-off manager: Advised on the acquisition of over a dozen Australian insurance portfolios pursuant to the Insurance Act 1973;
- Australian authorised Insurer – Advised on the complete restructure of an APRA authorised general insurer including the transfer of the entire share capital to a new owner, work included securing Financial Sector (Shareholdings) Act approvals;
- McGrath Nicol: Advised the first Judicial Manager appointed in Australia pursuant to the Insurance Act 1973 on his obligations and advised the Judicial Manager (in his role as Judicial Manager and as liquidator subsequent to his appointment as liquidator) with respect to the first use of the Financial Claims Scheme by APRA as provided in the Insurance Act 1973; and
- Numerous clients: Advising on the regulatory aspects of the Australian financial services regime, particularly in respect to the regulatory requirements of holding and applying for an Australian Financial Services Licence.