Insurance Litigation 2026

SWITZERLAND Law and Practice Contributed by: Jodok Wicki, Daniel Zemp, Fabienne von Moos and Doruntina Dembogaj, CMS von Erlach Partners Ltd

CMS von Erlach Partners Ltd is a leading insurance and dispute resolution practice in Switzerland, widely recognised for its expertise in insurance and insur- ance dispute matters. Based in Zurich and Geneva, the team concentrates on advising insurers and rein- surers on coverage, direct action claims, subrogation and recourse issues on a wide range of insurance products. The work concerns foremost claims in fi- nancial lines products, professional indemnity cov- ers for various industries, D&O, crime, W&I, but also cyber and data-related claims, in addition to further lines of insurance. While often representing the lead

insurers in primary layer policies, the team is also in- structed to advise and represent in excess lines, co- insurance arrangements and on reinsurance issues. Additionally, the team appears as coverage counsel and is instructed as defence and monitoring counsel. The practice also encompasses insurance regulatory and supervisory matters. As part of the CMS network – with more than 7,400 lawyers in 92 offices across 50 countries – the firm provides co-ordinated cross- border support for multi-jurisdictional insurance pro- grammes and disputes.

Authors

Jodok Wicki is a partner and heads the insurance practice at CMS Switzerland. A seasoned disputes and insurance lawyer with more than 30 years’ practice at the Swiss bar, he represents mainly insurers and

Fabienne von Moos is a senior associate in the insurance and dispute resolution team at CMS Switzerland. She advises corporate and private clients in civil and commercial law matters and

reinsurers in coverage disputes, D&O, product liability, W&I claims and multi-party proceedings. Jodok qualified as Certified Specialist Swiss Bar Association in Torts and Insurance Law. In addition to state court litigation, he acts as counsel and arbitrator in international arbitration matters.

represents parties before state courts as well as in international arbitration. Her practice focuses on insurance and liability law matters. She advises insurers on claims and coverage. Fabienne joined CMS in 2019. She completed an LLM in International Dispute Resolution at University of Aberdeen in 2025 and was seconded to CMS Edinburgh. Fabienne is a member of the Chartered Institute of Arbitrators (MCIArb).

Daniel Zemp is a counsel at CMS Switzerland and specialises in insurance law and dispute resolution. He represents insurers in coverage disputes and advises on a broad range of contentious and non-

Doruntina Dembogaj is an associate in the insurance and dispute resolution team at CMS Switzerland. She advises insurers on coverage disputes, liability and recourse claims. Prior to joining CMS as an associate,

contentious insurance matters, including defence co-ordination, policy interpretation, D&O, product liability and complex multi-party proceedings. Admitted to practise in both Switzerland and Germany, and with extensive experience in both jurisdictions, Daniel brings a comparative law perspective to complex, cross-border insurance disputes. His doctoral thesis on concurrent claims in Swiss and German civil procedure was awarded the Professor Walther Hug Prize and the Joseph Vigener Prize.

Doruntina acquired practical experience in claims and underwriting at two insurance companies. She also provided brokers with guidance on insurance placement and coverage.

225 I NSURANCE L I T IGATI O N 2026

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