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Insurance and Reinsurance

Blog

The Latin American challenge – a London market perspective

Published on 08 October 2018. By Alex Almaguer, Senior Associate

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If the London market wants to maintain its leadership in the region, London reinsurers need to look at ways to improve direct communication with local players Santiago, Chile.

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Publication

Product liability update August 2018

30 August 2018

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A round-up of key stories making the news, from the Potential impact of US litigation in the UK to a case involving injuries arising from caustic soda.

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Video

The latest results, threats & opportunities for insurers

Published on 22 August 2018. By Richard Breavington, Partner

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Partner Richard Breavington shares his views on the challenges for insurers in a post-GDPR world, the most valuable changes in technology for insurers and the most exciting thing about the world of InsurTech.

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Publication

General liability newsletter July 2018

Published on 09 August 2018. By Gavin Reese, Partner and Jonathan Drake, Senior Associate and Nick McMahon, Head of Health and Safety

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The latest general liability news coming out of the courts.

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Publication

Product liability update

31 May 2018

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A round-up of some of the recent stories making the news, from the EU Product Liability Directive to a case involving hip replacement litigation

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Publication

General liability newsletter April 2018

Published on 30 April 2018. By Gavin Reese, Partner and Jonathan Drake, Senior Associate and Nick McMahon, Head of Health and Safety

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Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

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Publication

Asia Insurance Bulletin 2018

23 April 2018

Our Asia Insurance Bulletin is now available. The bulletin contains a number of articles written by our lawyers discussing a variety of issues relevant to the Asia region.

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Video

Is GDPR a barrier to InsurTech growth?

28 February 2018

Partner Mark Crichard speaks to Instech Club2020 in the run-up to Instech AI 2018.

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Video

Is the insurance market making sufficient progress in innovating?

28 February 2018

Simon Laird speaks to Instech Club 2020 in the run-up to Instech AI 2018

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Publication

Government announces new office for product safety and standards

01 February 2018

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On 21 January 2018, the Government announced the creation of the Office for Product Safety and Standards (OPSS), a new national oversight body tasked with “identifying consumer risks and managing responses to large-scale product recalls and repairs”.

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Publication

Tax avoidance schemes and the duty to warn

Published on 09 January 2018. By Rachael Healey, Legal Director

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In a useful judgment summarising when a duty to warn arises, the Court of Appeal overturned the High Court’s decision and raised doubts over the applicable test when considering whether or not financial advisers have been negligent in advising on the risks associated with investments.

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Publication

Subrogated recoveries

Published on 14 December 2017. By Mark Errington, Partner

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An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales

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Blog

Key legal pitfalls of starting up: Protect your confidential information

Published on 11 December 2017. By Charles Buckworth, Senior Associate

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Good commercial practice and robust contractual agreements are essential to safeguard confidential information.

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Blog

Key legal pitfalls of starting up: Agreeing the deal with your co-founders

Published on 05 December 2017. By Charles Buckworth, Senior Associate

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RPC advice on agreeing the deal with your start-up co-founders, including a list of key considerations, which can prevent expensive disagreements in the future.

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Blog

Key legal pitfalls of starting up

Published on 27 November 2017. By Charles Buckworth, Senior Associate

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Introduction to the RPC blog series 'key legal pitfalls of starting up' – a guide for Insurtech start-ups. Contains top-tips on legal issues.

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Publication

Product liability update November 2017

Published on 24 November 2017. By Gavin Reese, Partner and Dorothy Flower, Partner and Robert John, Senior Associate

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A round-up of some of the recent stories making the news, from automated vehicles to food safety and product advertisements.

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Publication

General liability update October 2017

Published on 17 October 2017. By Gavin Reese, Partner and Jonathan Drake, Senior Associate and Nick McMahon, Head of Health and Safety

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The latest general liability news coming out of the courts.

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Publication

Government to cover negligence claims against GPs

Published on 17 October 2017. By Dorothy Flower, Partner and Kristiana Reynolds, Associate

Government to cover negligence claims against GPs

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Publication

Challenge to SRA intervention rejected

Published on 11 August 2017. By Nick Bird, Partner and Laura Stocks, Senior Associate

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Suspicion of wrongdoing in law firms gives rise to difficult judgments.

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Publication

Court of Appeal distinguishes Target

04 August 2017

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In a recent decision the Court of Appeal1 distinguished Target and AIB on the applicable remedy arising out of a breach of trust in a commercial transaction.

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Publication

“Last man standing”

Published on 14 July 2017. By Alan Stone, Partner

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What duties does a monitoring surveyor owe to a lending bank?

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Publication

FCA consultation on pension transfers – what does it mean for advisers?

Published on 22 June 2017. By Robert Morris, Partner

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The FCA threatened it and now we have it – on 21 June the FCA published its consultation paper on DB transfers and safeguarded benefit conversions.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

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The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Publication

First advice/information decision after BPE

Published on 13 June 2017. By Nick Bird, Partner

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On 19 May 2017 His Honour Judge Moulder handed down his judgment in the case of the Halsall and others v Champion Consulting Ltd and others [2017] EWHC 1079 (QB).

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Publication

Health and safety law update, June 2017

Published on 09 June 2017. By Nick McMahon, Head of Health and Safety

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This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

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Publication

Exemption clauses have teeth ‒ negotiate contracts carefully

Published on 02 June 2017. By Ben Goodier, Partner and Claire McNicholl, Senior Associate

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The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.

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Publication

Court of Appeal overturns decision on confidentiality in Huntington’s case

Published on 17 May 2017. By Sian Morgan, Senior Associate

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The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.

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Publication

Product liability update

Published on 10 April 2017. By Gavin Reese, Partner

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In this Update we take a look at some of the recent stories making the news, from driverless cars to advertising for high fat, salt or sugar food or drink products.

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Publication

Supreme Court decides on assignment and variation of CFAs

Published on 07 April 2017. By Nick Bird, Partner

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In Plevin v Paragon Personal Finance Limited the Supreme Court determined that a CFA had been validly assigned to a new firm and that variations to it after 1 April 2013 were not new agreements.

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Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 March 2017. By Robert Morris, Partner

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In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Publication

Solicitors duty to warn - when does it arise?

Published on 01 March 2017. By Paul Castellani, Partner

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The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

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Publication

General Liability update, January 2017

Published on 18 January 2017. By Gavin Reese, Partner

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In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Publication

Court of Appeal applies Wellesley to a claim against lawyers

22 December 2016

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On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Publication

Life Sciences, December 2016

Published on 16 December 2016. By Dorothy Flower, Partner

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Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

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The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Publication

The proof of the pudding is in the eating

Published on 23 November 2016. By Catherine Percy, Partner and Alice Wilson, Senior Associate

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Insureds can have their cake but only if they eat it too

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Publication

A new and better approach to claims against financial advisers?

Published on 03 October 2016. By Robert Morris, Partner

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A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

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Publication

Changing experts - a risky business

Published on 07 September 2016. By Alan Stone, Partner

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The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.

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Publication

Life sciences, August 2016

11 August 2016

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Here is our latest life sciences update. Read on for practical tips on the Insurance Act 2015, the implications of the NHS wading into the debate over diagnostic apps, how Brexit may affect medical regulations and impending litigation over fertility treatment. Some of these topics will be addressed in more detail in our next life sciences seminar on 20 September 2016. To register your interest, please email seminars@rpc.co.uk.

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Publication

Offer rejected by counter-offer - a cautionary tale

09 August 2016

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Non-Part 36 offer not capable of acceptance once rejected by a Part 36 counter offer

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Product Liability Update August 2016

04 August 2016

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In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

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Publication

Read with "interest" - Part 36 offers

04 August 2016

In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?

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Publication

Winning the battle but losing the war

22 July 2016

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We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

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Publication

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

06 July 2016

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The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

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Publication

Costs - issue at your peril

12 May 2016

A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.

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Publication

Insurers liable to pay damages to insureds for late claims payment

12 May 2016

For insurance policies entered into after 4 May 2017, insurers could be liable to policyholders for late payment of claims. It will be an automatically implied term of the policy that sums due from insurers must be paid within a reasonable time.

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Publication

Accountants’ update

22 March 2016

Welcome to RPC’s 2016 accountants’ bulletin. The aim of the bulletin is to review a number of key developments from 2015, and to give an insight on some of the current “hot topics” in this area.

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Publication

Multiple adjudications - how many adjudicators?

11 March 2016

Obtain consent or use different adjudicators

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Video

Group litigation in medical and life sciences

07 March 2016

Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.

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Publication

Supreme Court hurts employers on vicarious liability

07 March 2016

Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)

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