Martine Kos is an expert in insurance and reinsurance law. In addition, she is a specialist in the field of liability. She has extensive experience in commercial, professional, and director's liability. Martine handles various matters for both insurers and policyholders, whether or not they have a cross-border nature, related to i.a. financial lines, commercial, professional, and product liability, CAR insurance, property insurance, and fraud insurance. Co-insurance is often involved, frequently within the context of international insurance programs. Martine also has extensive experience in credit insurance.

Clients describe Martine as “a sophisticated, all round, well experienced and (very) smart lawyer in the insurance (coverage) area, on a broad spectrum of policies.” Her meticulous approach and commitment to achieving the best outcomes have made her a sought-after advisor in the field.

Martine frequently lectures and publishes on Insurance law.

SPECIALTIES
  • Insurance coverage issues in all lines of business
  • Issues relating to international corporate insurance and reinsurance programs
  • Complex multi-party litigation
  • Liability
QUALIFICATIONS
  • Dutch Law (Master, Free University 2001)
  • Post-graduate Grotius Program “Company & Liability” 2007
EXAMPLES OF RECENT MATTERS INSURANCE
  • Represented an international insurance company in a coverage dispute under the D&O insurance of a bankrupt Dutch listed company, relating to claims from trustees and shareholders.
  • Advising a consortium of international banks as pledgees of multimillion-dollar insurance proceeds against a group of international insurance companies for a failed construction project.
  • Represented an international insurance company in a coverage dispute with a listed Dutch building company, regarding a claim under a construction and design insurance.
  • Provided counsel to a panel of excess insurers on coverage under the international liability program of a Dutch publicly traded construction company, focusing on potential liability related to an accident.
  • Assisted a leading Caribbean port in resolving a disputed claim under their fraud insurance.
  • Advising accountants in a coverage dispute under their PI insurance, concerning a case with ongoing international media attention.
REINSURANCE
  • Advising an international insurance company, member of a reinsurance panel, in a coverage dispute with a leading automotive company regarding a multibillion claim under an international property program.
  • Advising three international credit insurance companies on the entering into of the € 12 Billion state aid reinsurance scheme with the Dutch government, which scheme was designed to stabilize the trade credit insurance market during the COVID-19 outbreak.
  • Advising a Dutch insurance company in a dispute with a Swiss based reinsurance company regarding reinsurance coverage for losses of its occasional disability insurance portfolio.
  • Assisting a leading Surinamese insurance company in a coverage dispute against a group of international reinsurance companies regarding a multimillion-dollar property loss.
PUBLICATIONS
  • “Supercel veroorzaakt geen stormschade, wel een trendbreuk in het verzekeringsrecht”, published in Maandblad voor Vermogensrecht, 2021, issue 11.
  • Annotation to Court of Appeal Amsterdam, ECLI:NL:GHAMS:2020:802, published in Jurisprudentie Ondernemingsrecht (JOR), 2020, issue 7/8.
  • “Madoff in de lage landen: valse informatie of vervalst materiaal?”, published in Aansprakelijkheid, Verzekering & Schade (AV&S) 2016, issue 5.
  • Various annotations, published in Rechtspraak Aansprakelijkheids- en Verzekeringsrecht (RAV) in the period 2015-2022.