Mr Hans Hammarbäck

Hans Hammarbäck

Lawyer biography

Hans Hammarbäck chairs Mannheimer Swartling’s Insurance practice group. With more than 25 years’ experience advising on commercial disputes, Hans has specialised in contentious insurance and reinsurance related matters and also has extensive experience from M&A related insurance disputes. He has litigated and arbitrated numerous insurance and reinsurance disputes in Sweden and other jurisdictions. He also regularly assists clients in drafting insurance terms and conditions and in regulatory and other insurance related matters. His practice includes acting for insureds, insurers and intermediaries, in many cases involving cross-border issues.

Hans is mentioned for his work in Who’s Who Legal and the Guide to the World's Leading Insurance & Reinsurance Lawyers.



Supreme Court rules on insurers' liability for damages
Sweden | 03 November 2020

A recent Supreme Court judgment has clarified that the general principle of contract law, prescribing liability for damages in case of a breach of contract, can apply to corporate insurance contracts despite their unique features. Although the Supreme Court's judgment is limited to corporate insurance, it is difficult to see any reason against applying the same principles with respect to insurers' breach of insurance contracts taken out by consumers.

Group insurance in Sweden: general overview and implications of EU legislative acts
Sweden | 21 July 2020

Group insurance is common on the Swedish market as the simplified risk assessment and low-cost administration enables relatively inexpensive cover for a wide range of situations. Despite its frequency on the market, it is sometimes difficult to apply the legal provisions regulating group insurance in practice. In addition, the enactment and implementation of several EU legislative acts have raised a number of issues that must also be considered.

Supreme Administrative Court rules on classification of insurance-based investment products
Sweden | 12 May 2020

In early 2019 the Council for Advance Tax Rulings declared that a unit-linked insurance plan where the beneficiary was entitled to 99% of the policy value on the realisation of the insured risk, without receiving any risk compensation from the insurer, did not constitute an insurance product. The case was recently appealed to the Supreme Administrative Court. This article analyses the case and provides an overview of Swedish insurance-based investment products regulation and the previous case law.

Changes to PRIIPs regulatory framework: helping or hindering retail investors to better understand products?
Sweden | 10 March 2020

In late 2019 the European supervisory authorities released a joint consultation paper on proposed amendments to the EU Commission Delegated Regulation 2017/653 on packaged retail and insurance-based investment products. Insurance Europe and Insurance Sweden both submitted generally negative responses to the consultation paper. This article examines the proposed changes and the potential impact on the Swedish insurance market.

Insurers' outsourcing arrangements – recent guidance from Swedish regulator
Sweden | 26 November 2019

Almost four years after the implementation of the EU Solvency II Directive in Sweden, insurers are still devoting significant resources to identifying, understanding and putting into practice the complex regulatory legislation governing outsourcing arrangements. This article outlines some of the Swedish Financial Supervisory Authority's recent clarifications and comments on outsourcing and the main requirements surrounding insurers' outsourcing arrangements.

Authorisation requirements for third-country insurers: implications of a hard Brexit
Sweden | 16 July 2019

In the event of a hard Brexit, UK insurers must obtain authorisation as third-country insurers in Sweden in order to offer their products to the Swedish market. Notably, insurers that are uncertain of whether the business which they intend to conduct constitutes insurance business in Sweden and is thus subject to authorisation can apply for a preliminary ruling from the Swedish Financial Supervisory Authority on the issue.

New guidance on classification of insurance‑based investment products
Sweden | 30 April 2019

The Council for Advance Tax Rulings has further clarified the demarcation between insurance products and other investment products under Swedish law. The council found that a unit-linked insurance plan under which the beneficiary was entitled to 99% of the invested capital on realisation of the insured risk and the policyholder received no risk compensation during the insurance period did not constitute an insurance product under Swedish law.