Our analysis of key legal developments in the insurance industry over recent months.
Insurance focus - June 2018
In this edition of Insurance Focus, we look at some challenging new areas of law. How can firms ensure that their application of artificial intelligence doesn’t harm customers and impact the firm’s reputation? We look at a best-practice model for AI governance in insurance models.
D&O is on the rise globally as attitudes change in relation to executive accountability. Consequently, regulators and shareholders are increasingly incentivised to tackle corporate misconduct. We consider how the regulator in Australia is now getting tough on corporate crime.
As cannabis usage becomes legalised in Canada, we take a practical look at the implications for the insurance industry of the “green rush” following legalisation.
We include a summary of the recent VAT decision in relation to a Gibraltar insurance company and its affiliate in the UK. In addition, from Shanghai we consider new investment rules in the insurance sector introduced by the China Insurance Regulatory Commission.
In our case notes section we consider whether a Queen’s Counsel with over 10 years’ experience had sufficient knowledge of insurance to act as arbitrator and the importance of looking to the “root of the transaction” when interpreting contracts.
We also include our regular feature of interesting legal and regulatory updates from across our offices.
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Insurance focus - July 2017
In this edition of Insurance Focus, we have asked colleagues across the firm to describe the issues that they think are having the greatest impact on their local insurance industry. Technology and the rise of InsurTech are common factors having an effect on insurers as is the growing demand for cyber cover as attacks become more frequent. In a number of countries, increased regulation and costs of compliance are the main factors changing the operational landscape.
We consider changes to the minimum corporate governance standards for Hong Kong based insurers and review the impact of “nil-recourse” M&A deals on the warranty and indemnity insurance market.
We also provide a review by marine insurance lawyer WenHao Han of the recent Gard Marine decision by the UK Supreme Court, while UK Court of Appeal decision Ashfaq raises interesting questions about the blurred lines between acting as a consumer or a business and the resulting impact on coverage.
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In this edition of Insurance Focus, we continue our review of legal and regulatory issues connected to the rise of ‘InsurTech’. Tyler Dillard from our London office writes about some of the challenges insurers face in using social media data in their underwriting.
From Amsterdam, David de Roos, Nikolai de Koning and Floortje Nagelkerke discuss the results of the Dutch Central Bank’s investigations into the compliance of insurers with the Dutch sanctions rules, while Dominic Stuttaford and Susie Brain in London consider the new corporate criminal offences introduced into the UK of failing to prevent facilitation of tax evasion.
In our quarterly case law review, we consider the recent English Court of Appeal decision in Great Lakes Reinsurance (UK) SE v Western Trading Limited regarding an insured’s entitlement to a reinstatement indemnity. In addition, we reflect on two decisions from the Canadian Supreme Court concerning litigation privilege for communications with a claims adjuster and the interpretation of insurance policies. We also consider one of the most closely watched US insurance cases of 2016 in which the Florida Supreme Court ruled that concurrent causes are covered.
In our regular international focus section we provide market updates from Australia, South Africa, Singapore, the United Kingdom and the European Union.
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In this edition of Insurance focus, Simon Radcliffe and Kirsty Hick in our London office consider the increase in appetite for utilising warranty and indemnity insurance and highlight some of the key issues insurers should be alive to when investigating warranty and indemnity claims.
Noleen John reflects on the uncertainty surrounding the meaning of Brexit for insurers and considers what insurers entering into long-term insurance arrangements today can do to protect themselves from this uncertainty.
Following the Dutch Council for the Judiciary’s proposal to establish a new Netherland Commercial Court (NCC), Jan Duyvensz and Koen Durlinger consider whether proceedings before the NCC may be of interest to non-Dutch insurers and whether insurers might consider including NCC choice-of-forum clauses in their new insurance contracts.
From our London office Nicholas Berry considers the key commercial, legal and regulatory issues that innovators of smart contract technologies will face as they move from proof-of-concept trials to commercially viable products.
In our quarterly review of cases, Anna Haigh in our London office considers the abolition of the fraudulent devices doctrine by the Supreme Court in the recent case of Versloot Dredging BV v Gerling Industrie Versicherung AG and others (The DC Merwestone), and from our Houston office, Stephen Pate examines the impact In re Deepwater Horizon has had on insurance law in Texas.
In our regular international focus section we provide market updates from South Africa, Germany, China and Singapore.
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Insurance focus - July 2016
In this edition of Insurance Focus we consider the likely impact of the referendum vote in the United Kingdom to leave the European Union. After over forty years within the European bloc, how will ‘Brexit’, impact the London insurance market?
We also consider the potential for growth in Africa’s speciality lines for those insurers willing to enter the region.
Finally we review some new claims trends linked to new technology and changing social behaviours – including the rise of thefts of ‘hipster’ pets.
In our case notes section we review a landmark German decision on loss adjustments services undertaken by insurance brokers; an Australian case on the timing of a cause of action for non-payment; a recent decision from the Court of Appeal in England and Wales concerning aggregation wording; a review of the impact of the recent decision of the Italian Supreme Court concerning claims made clauses and finally a tragic case reaffirming that the frailty of an injured person will not proffer a defence in civil liability.
We also include international regulatory developments.
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Insurance focus - April 2016
In this edition of Insurance focus Tyler Dillard in our London office considers the revolution of the sharing economy and reflects on how insurers have an opportunity to benefit from this growing market.
Following the announcement that the European Commission is minded not to renew the Insurance Block Exemption regulation, Mark Tricker in our London office considers the challenges that the insurance market might face without the benefit of the competition safe-harbour.
From our Amsterdam office, Floortje Nagelkerke, Nikolai de Koning and Recep Altun consider the scrutiny of ‘integrity risk’ being undertaken by the Dutch Central Bank.
In our quarterly review of cases we include two recent cases from Australia that consider section 54 of the Insurance Contracts Act 1984; we review ‘Wellington Motions’ under the law of Quebec; from Texas we consider the scope of the Prompt Payments Act and finally, we consider the likely impact of a recent German Supreme Court case on brokers’ role in the payment of claims.
In our regular international focus section we provide updates from both the London and Australian markets.
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Insurance focus - January 2016
In this edition of Insurance focus we review some of the developing regulatory approaches being taken in the European insurance market. Centre stage in terms of policy priorities are the use of personal information and in particular the use of what is known as ‘big data’ in underwriting and the growing adoption of product governance to control the risk of misselling and poor consumer outcomes.
We also consider the proposed amendment to the Insurance Act 2015 that will enable insureds to bring damages claims for late payment under insurance policies – a change to the long-standing principle under English law that insurance claims cannot give rise to damages for late payment.
In our case notes section we include an update on the Deepwater Horizon litigation and consider a recent new development on penalty clauses in English law.
Finally, in our international focus section we report on developments in the insurance market from Australia, China, Italy, Singapore and the United Kingdom.
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Insurance focus - September 2015
In this edition of Insurance focus, we consider recent developments in the regulatory landscape across our global practice. In the European Union, milestones have been reached in both Solvency II and the Insurance Distribution Directive: two legislative projects that have occupied much of European policymakers’ time in recent years. In the UK, enhanced governance requirements are being implemented in the UK through the new Senior Insurance Managers Regime which raises the stakes of personal accountability for UK insurers. Our lead article considers the changes introduced by the new regime and how firms should be preparing.
In anticipation of the European Commission’s green paper on financial services and insurance and the role of innovative technologies, Nico Berry considers the potential for FinTech to provide the much needed disruption to enable established insurance markets to find new life.
In Hong Kong, the insurance sector is facing a three-stage process to establish a modernised regulatory regime. This article considers the transition to new regulatory authorities and the changes for both insurers and intermediaries.
Our usual round-up of case notes includes two decisions concerning an insurer’s ability to avoid a policy on the grounds of misrepresentation or non-disclosure, and the transfer of mis-selling liabilities under an insurance business transfer scheme.
Finally, in our international focus section we report on insurance updates from the EU, China and Australia.
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Insurance focus - June 2015
In this edition of Insurance focus, we look at how class actions impact insurers. We provide a guide to how class actions work in the United States and consider the reasons why such actions are so widely feared by jurisdictions without similar procedural mechanisms.
New legislation to protect UK consumers will provide recourse to collective action (for businesses and consumers) where companies have breached anti-trust laws. We review what is changing and consider what greater recourse to collective actions may mean for insurers both in terms of their own risks, but also for product development.
Our lead article reports on the findings of the Norton Rose Fulbright 2015 Litigation Trends Survey. Regulatory proceedings are the number one concern for corporate counsel, especially in highly regulated sectors such as insurance. Indeed, our Survey has found that financial institutions are most likely to be involved in regulatory disputes and are more likely than their peers to find cross-border regulatory actions common.
In our case notes update we report on the final resolution of the Australian Vioxx litigation and an English law case which considered whether payment into an account in escrow triggered liability under a professional indemnity policy.
We also provide brief updates on legal developments in the insurance sector from lawyers across our international offices.
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Insurance focus - March 2015
Welcome to our first Insurance focus of 2015. This edition highlights an emerging trend that has seen a number of common law jurisdictions revise the principles of insurance contract law to ensure local markets remain competitive in an ever more global marketplace.
The Insurance Act 2015 will come into force in August 2016, marking the most significant reform of UK insurance law in over a century. In a hypothetical case study, we consider how the new provisions of the Act could apply in practice and how the key issues might be decided by a UK court. Principles of insurance law are considered from a South African perspective by Nadia Gamieldien who considers the interaction between the common law and recent decisions on the materiality test in the context of misrepresentation and non-disclosure.
From our Melbourne office, Matt Ellis and Erica Leaman reflect on the long-awaited final report of the Financial Systems Inquiry. The outcome of this inquiry appears likely to be enhanced conduct regulation, with product governance obligations and greater intervention powers for the Australian Securities and Investments Commission now being considered by Federal Government.
Our regular case review takes a look at some recent decisions of note from the UK, Germany and the United States. Highlights include the much-anticipated In re Deepwater Horizon decision which redefines the scope of additional insured coverage under Texas law. From the UK, we consider some fundamental questions that arose in the ‘B Atlantic’ case regarding proximate cause and the meaning of ‘acting maliciously’ and ‘from a political motive’ in the context of a war risks policy.
Finally, our international focus section provides a brief round-up of some global regulatory developments in Singapore, South Africa and the UK.
For further information: Insurance focus – March 2015
Insurance focus - December 2014
This edition of our quarterly insurance magazine, Insurance focus, includes the second part of our report on the American Law Institute’s project to reform US liability insurance law. This project has taken on greater significance following the change in title to a ‘Restatement of the Law of Liability Insurance’. Stephen Pate from our Houston office considers the effect of this change.
From our Melbourne office, Matt Ellis and Erica Leaman reflect on the shifting regulatory landscape in Australia, with a particular focus on how the Australian regulator’s approach may impact insurers underwriting add-on products.
In Europe, the Insurance Mediation Directive (now called the Insurance Distribution Directive) remains under consideration and has undergone various changes in the last six months. Laura Hodgson highlights ten key features of the proposal as it currently stands.
In our quarterly review of cases, we report on a decision of the UK Supreme Court ordering the liability insurers of a non-party solicitor to pay costs for both parties to a dispute. We also consider three new cases on business interruption insurance that address the difficulties of proving loss and adjustments under trend clauses.
Our regular feature, International focus, includes regulatory updates from France, Italy, China, Indonesia and the UK.
For further information: Insurance focus – December 2014
Insurance focus - September 2014
This edition of Insurance focus includes the first of a two-part series looking at the project to reform liability insurance law in the United States. Stephen Pate in our Houston office provides an insight into the changes being proposed and their implications for the US insurance market.
Donald Dinnie, Head of Dispute Resolution in South Africa, considers the rise of litigation funding on future class actions. We also take a look at the Bill to reform some of the familiar principles of English insurance law, namely the duty of disclosure, the effect of warranties and insurers’ remedies for fraudulent claims.
In our quarterly review of cases we report from Canada on a case on continuous and progressive damage with important implications for liability insurers. We also look at the impact of the US Halliburton case on shareholder class actions in Australia. Two recent follow the settlement reinsurance cases heard in the English High Court are reviewed by Charlie Weston-Simons and we report on a decision of the Supreme Court of Montana which determined that the district court did not need to analyse policy coverage in order to determine whether the insurer had breached its duty to defend.
Finally, in international focus we take a look at some recent developments across our global practice including the new general insurance code of practice in Australia and developments for unit-linked business in Hong Kong.
For further information: Insurance focus - September 2014
Insurance focus - June 2014
This edition of Insurance focus includes the first in a series of insights into the US insurance market as Stephen Pate and James Hartle from our Houston office introduce the basic principles of insurance law in the US.
For property insurers, the Christchurch earthquakes have led to significant practical and legal challenges in terms of consecutive losses. Charles Weston-Simons considers how the New Zealand courts have approached these challenges. Regulatory developments continue apace across our global practice. Ffion Flockhart and Steven Hadwin, in our London office, reflect on the opportunities for D&O insurers in the current regulatory climate, while Wynne Mok and Winnie Lee take stock of the regulatory and compliance challenges facing the Hong Kong market.
Cases reviewed in this edition include a decision in Australia warning insurers that claims should be investigated and decided in a timely manner. We also cover a Canadian case considering the concept of professional services in the context of professional liability insurance. From the UK, we review two recent payment protection insurance mis-selling cases and assess the impact of the Jackson reforms a year after implementation.
Finally, in international focus we take a look at some recent developments across our global practice including, M&A in China and the UK’s draft Insurance Contracts Bill.
For further information: Insurance focus - June 2014
Insurance focus - March 2014
In this edition of Insurance focus, Stephen Pate and James Hartle from our Houston office consider some of the most important cases throughout the Gulf Coast that deal with disputes following storms in the region.
The cyber insurance market continues to evolve in light of increasing data privacy and security concerns. Ffion Flockhart and Steven Hadwin, in our London office, discuss changes to the data protection landscape and potential growth opportunities for insurers writing cyber risk.
From our tax practice, Dominic Stuttaford and Uwe Eppler explore the impact on co-insurance arrangements of a German court decision that lead commission paid to a lead insurer is subject to VAT.
Our regular case notes feature includes a selection of recent decisions from across our global practice. Cases cover environmental policies in the US, punitive damages in Canada, prescription clauses in South Africa, and a landmark decision in the UK resolving uncertainty over whether a complainant can accept a FOS award and then launch a subsequent court action for further redress.
Finally, in our international focus section we report on the progress of IMD2, as well as regulatory updates from China, South Africa and the UK.
For further information: Insurance focus - March 2014
Insurance focus - December 2013
In this edition of Insurance focus, we look ahead to 2014 and highlight the key legal developments across our global practice.
From our London office, Matt Ellis discusses the increasing focus in the Lloyd’s market on effective oversight and management of coverholders and highlights the key changes in the revised code of practice for managing agents.
Regulation of the insurance industry across Asia Pacific varies significantly from country to country. Anna Tipping from our Singapore office considers the common themes and differences in regulatory regimes across the region. Barclay Nicholson in our Houston office explores the risks posed by hydraulic fracturing and the range of policies that exist to cover these risks.
In our case notes section, we reflect on the UK Supreme Court’s landmark decision in the Alexandros T following a long and complex jurisdictional battle. We also include a case from Canada on prospective subrogation of an insurer.
Finally, our regular international focus section features brief summaries of topical issues in Australia, China, Germany and Italy, as well as the latest on Solvency II.
For further information: Insurance focus - December 2013
Insurance focus - September 2013
In this edition of Insurance focus, we consider the regulatory review of claims handling practices taking place in the UK. With claims related complaints on the rise, how insurance firms handle claims is firmly on the Financial Conduct Authority’s agenda. Laura Hodgson and Zara Evans outline how firms can review their claims handling practice to satisfy regulatory requirements and ensure good consumer outcomes.
Against a backdrop of increasing disputes in China’s insurance market, Wenhao Han considers recent guidance from China’s highest court on how certain possible ambiguities of insurance law should be interpreted. From Johannesburg, Christopher MacRoberts and John Neaves take a look at the meaning of “direct financial loss” in the bond market and offer advice on how to avoid policy drafting that allows for competing interpretations.
Zein El Hassan and Michele Levine from our Sydney office discuss the accidental provision of insurance and suggest ways in which parties to commercial contracts can avoid carrying out insurance activities without the necessary licensing and regulatory authority.
We also consider some significant cases from our colleagues in the United States and Australia. In our international focus section, we take stock of the latest insurance developments across our global practice including the UK, Germany, China, South Africa and the Netherlands.
For further information - Insurance focus - September 2013
Insurance focus - June 2013
In this edition of Insurance focus, we consider the distribution of insurance products through price comparison websites against a backdrop of increasing regulatory focus. Laura Hodgson and Simon Baker address the key issues that firms selling products through aggregators should consider.
Marnie McConnell and John Moran in our Sydney office take stock of recently issued draft legislation introducing provisions relating to unfair terms in consumer insurance contacts. We consider the potential impact of the proposals and identify some outstanding issues that require clarification.
From our Montréal office, Charles A. Foucreault reports on a recent ruling in the Quebec Court of Appeal that an insurer was entitled to nullify a policy based on the insured's misrepresentations at the time the cover was taken out. In reaching this decision, the Court of Appeal reversed the ruling of the lower court, helpfully clarifying the burden that must be met by an insurer seeking to void a policy.
Our case notes section includes a selection of recent UK judgments of interest. Particularly noteworthy is the outcome of a dispute regarding the governing law of a reinsurance contract.
Our regular international focus section considers developments in the insurance sector in Germany, the Netherlands, Singapore and China. We also include the latest briefings in our Ten Things to Know series.
For further information: Insurance focus - June 2013
Insurance focus - March 2013
In this edition of Insurance focus, we review a recent study on co-(re)insurance arrangements and their compliance with EU competition law. Mark Tricker and Max Seuster from our Brussels office consider the findings of the report and highlight some areas of concern that the European Commission might address.
Salvatore Iannitti in our Milan office reflects on the array of measures introduced by the Italian Government last year aimed at liberalising the insurance distribution sector. Much debated in the Italian market, we take stock of the proposals and the likely impact on insurers and intermediaries.
In addition, Wynne Mok and Rebecca Hui from our Hong Kong office report on the ruling that, for the purposes of the aggregation clause in reinsurance contracts, the World Trade Center losses were caused by two separate events.
Our case notes section includes an article considering the recent decision of the UK Supreme Court in the Digital Satellite case. The Court reached the conclusion that extended warranty contracts were contracts of insurance and were therefore subject to FSA regulation. Also included are some significant cases from Canada and Australia.
Finally, we consider some recent developments in the insurance sector in Italy, Germany, China and the UK.
For further information: Insurance focus - March 2013
Insurance focus - December 2012
In this edition of Insurance focus, we consider the changing landscape of conduct supervision in the UK. As the Financial Conduct Authority prepares to succeed the Financial Services Authority in April next year, Laura Hodgson considers the proposed approach to product supervision and offers guidance for firms on how they can prepare for FCA regulation. From our disputes team, Susan Dingwall and Steven Hadwin reflect on the impact on insurers of the recent sanctions imposed against Iran.
Uwe Eppler and Brigitte Hidding in our Hamburg office discuss the changes to German insurance premium tax laws. Firms should take note of the new rules which come into force on 1 January 2013. Policies written in relation to a German entity by insurers resident outside Europe will be brought within scope of the new tax law.
Regulation of outsourcing by insurers is assessed in light of the new guidance issued by Hong Kong Insurance Authority. Charlotte Robins considers the requirements firms will be expected to comply with throughout the outsourcing process.
In addition, we consider some recent cases of interest from Canada, Germany and the UK. Our international focus section includes articles on insurance reform in China, Italy and Singapore, as well as an update on the proposed recast Insurance Mediation Directive.
For further information: Insurance focus - December 2012
Insurance focus - September 2012
In this edition of Insurance focus, we consider the new rules for the sale of insurance products under the revised Insurance Mediation Directive. David Whear and Laura Hodgson assess the likely impact on the UK insurance market, with a particular focus on the requirements for commission disclosure and conflicts of interest. In France, a tough new tax regime could have unintended consequences for UK trustees operating investment schemes. Dominic Stuttaford and Laurence Toxé discuss the proposals and the possible implications.
From our Johannesburg office, Donald Dinnie takes stock of a decision in the High Court of Botswana examining the interpretation of flood endorsements in a policy and offers some practical measures when obtaining contractors’ all risks insurance. In addition, we introduce Bénédicte Denis and Orsolya Hegedus from our Paris office.
In our case notes section, we report on a recent decision in the German Federal Court that unit-linked life policies will often qualify as investments rather than insurance products. The ruling could have significant consequences for the life market in Germany. We also examine recent cases from Canada and the UK.
Finally, we include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - September 2012
Insurance focus - June 2012
In this edition of Insurance focus, we take stock of the latest development in the long-running West Tankers saga. Philip Roche, Michael Mendelowitz and Camilla de Moraes from our disputes team consider the implications of a recent High Court decision on anti-suit injunctions and propose some practical measures parties might consider where unwelcome overseas proceedings are on the cards.
The Italian insurance market has been subject to a plethora of recent reform measures. One such reform is the prohibition of “interlocking” directorates. Andrea Zulli and Nicolò Juvara focus on the prohibition and its impact on the market. In Australia two new Bills have been proposed that could have unwelcome consequences for directors of failed companies. Insurers underwriting D&O cover in Australia should be aware of the proposals which are considered by Marnie McConnell and Jodie Odell in Sydney.
In our case notes section we report on the recent decision of the UK Supreme Court which has brought welcome clarity to Employers’ Liability “trigger” litigation. We also consider a recent decision which considered whether commission payments paid for the provision of information was subject to value added tax (Royal Bank of Scotland v HMRC  EWHC 9 (CH)).
In our regular feature, International focus, we include updates from the People’s Republic of China, Germany, Italy, South Africa, Canada and the UK.
For further information: Insurance focus - June 2012
Insurance focus - March 2012
In this latest edition of Insurance focus, Laura Hodgson casts an eye over the Law Commissions’ proposals to reform insurance contract law in the United Kingdom and questions whether they should be of any interest to insurers based in other jurisdictions. In addition, Noleen John focuses on the Retail Distribution Review and its impact on the payment of commission and, from our Milan office, Salvatore Iannitti assesses the potential effect of two major packages, aimed at liberalising the Italian economy, on insurers in the region.
This edition also contains two articles considering tax law reform. From our Hamburg office, Uwe Eppler looks at suggested changes to German insurance premium tax law and, from London, Andrew Roycroft reports on the evolution of the controlled foreign company regime.
In our case notes section, we examine several recent cases of interest including Jeremy Paul Egerton Hobbins v Royal Skandia Life Assurance Ltd and others  HKCFI 10, in which the High Court of Hong Kong confirmed that commission paid to an insurance broker by an insurer does not constitute an illegal secret profit unless it is in excess of what is normally paid within the insurance market. We also include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - March 2012
Insurance focus - December 2011
In this edition of Insurance focus, Laura Hodgson and Simon Baker discuss the increased regulation of the motor insurance industry in the United Kingdom and question whether recent developments will reduce the cost of private motor insurance premiums. From our Durban office, Andrew Robinson gives a South African perspective on the UK Supreme Court decision in The Cendor MOPU, which was previously considered in the March 2011 edition of Insurance focus.
We also consider two European developments. From our Prague office, Milana Chamberlain and Petr Panský examine the implications of the Environmental Liability Directive (Directive 2004/35/CE), which provided insurers with the opportunity to broaden their client base and posed new challenges for the industry. In addition, Chris Bates and Andrew Roycroft focus on the European Commission’s proposed Financial Transactions Tax, which will apply to certain transactions to which financial institutions (including insurance companies) are parties.
In our case notes section, we focus on several recent cases of interest including New World Harbourview Hotel Company Limited v Ace Insurance Limited, which considered business interruption insurance, and AXA General Insurance Limited v Lord Advocate, in which the UK Supreme Court ruled on the validity of the Damages (Asbestos-Related Conditions) (Scotland) Act 2009. We also include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - December 2011
Insurance focus - September 2011
In this edition of Insurance focus, we consider changes to the regulatory landscape in the United Kingdom and Europe. From our London office, Laura Hodgson and Simon Baker discuss the abolition of the tripartite regime by the UK Government and the move towards a “twin peaks” system of regulation whilst Dominic Stuttaford and Ed Denny consider the particular questions the new controlled foreign company regime poses for insurance groups. In addition, Ashley Prebble and Noleen John provide an update on developments following the European Court of Justice's judgment in the Test-Achats case.
From our Cape Town office, Matthew Ash discusses the decision of the South African Supreme Court of Appeal in The Mieke, which could have a number of far-reaching implications for insurers. The case focuses on the issues of choice of law in insurance contracts and insured peril.
In our case notes section, we focus on several cases of interest including Jivraj v Haswani, in which the UK Supreme Court ruled that arbitrators are not employees and so discrimination law does not apply.
We also include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - September 2011
Insurance focus - June 2011
We moved into Canada and South Africa on 1 June 2011 when leading law firms Ogilvy Renault and Deneys Reitz, respectively, joined the Group. In this edition of Insurance focus, we include contributions from both practices. Amelia Costa, Patrick Bracher and John Neaves discuss the history of insurance law and practice in South Africa whilst Sally Gomery, from our Ottawa office, considers the implications of a recent Canadian decision which could require insurers to cover risks which they did not willingly assume.
From our Sydney office, Barry Richardson discusses a recent consultation paper on flood insurance and the move towards a standard definition of flood for insurance purposes. In addition, Michael Mendelowitz and Laura Hodgson examine the UK Government’s proposals on the reform of consumer insurance contract law and consider the insured’s duty to take reasonable care and the test for determining the principal of an intermediary.
In our case notes section, we focus on several recent cases of interest including R (on the application of the British Bankers Association) v The Financial Services Authority which considered the new regulatory provisions and guidance concerning the handling of complaints related to payment protection insurance.
We also include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - June 2011
Insurance focus - March 2011
In this edition of Insurance focus, marine insurance experts, Ian Teare, David McKie and Professor Robert Merkin consider the recent Supreme Court decision in The Cendor MOPU which has confirmed the limitation of the inherent vice defence to losses proximately caused by something internal to the insurance risk.
From our Paris office, Franck Poindessault focuses on the recent campaign to remove gender discriminatory pricing from the insurance sector and Salvatore Iannitti considers the implications of marketing and transparency regulations, which have had a profound effect on both insurers and intermediaries in the Italian market.
We also publish the first in a series of articles which consider the growing market for micro-insurance. In the first article Jonathan Teacher and Isabella Jones discuss the challenges facing the global micro-insurance market and the role of regulation in facilitating its development.
In our case notes section we examine several recent cases of interest to insurers including Re Digital Satellite Warranty Cover Ltd in which the High Court considered whether the provision of extended warranties in relation to satellite television dishes constituted a contract of insurance.
We also include updates on regulation and insurance related developments from across our international practice.
For further information: Insurance focus - March 2011