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Court of Appeal finds in favour of FSCS on scope of the Policyholder Protection Rules (PRR)

Published on 14 Sep 2023. By Tamsin Hyland, Partner

Tamsin Hyland explores the recent judgment of JR (On the application of Manchikalapati v FSCS [2023] EWCA Civ 1006) and its relevance to insurance policy wording.

Are settlements covered under liability policies if not consented to by the insurer? Does it make any difference if the insured was told to "act as a prudent uninsured"?

Published on 13 Sep 2023. By Ben Gold, Partner

Does it make any difference if the insured was told to "act as a prudent uninsured"?

The Future Of Flooding (With Ivan Haigh)

Published on 12 Sep 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by James Platt, former Global Chief Operating Officer and Chief Digital Officer and now an Advisor at Aon. They will be discussing the 4 questions every organisation should be able to answer before considering changing and deploying digital technology.

Meditations on Insurance And Society 8: The Unexpected Triumph Of Morality

Published on 01 Sep 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 7: Towards A Philosophy Of Insurance

Published on 31 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Money Covered: The Week that Was - 25 August

Published on 25 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Meditations on Insurance and Society 6: Everyone Everywhere All At Once

Published on 24 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 5: Understanding Life Forwards

Published on 21 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 4: Unmoved Mover

Published on 17 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 3: The Beneficial Selfishness of Strangers

Published on 14 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 2: An Irreligious Faith

Published on 11 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Meditations on Insurance and Society 1: In Response To Fear

Published on 07 Aug 2023.

Welcome to Insurance Covered summer special miniseries Meditations on Insurance and Society.

Money Covered: The Week that Was - 04 August

Published on 04 Aug 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

Fix up, look sharp: FRC update

Published on 01 Aug 2023. By Will Sefton, Partner and Aimee Talbot, Knowledge Lawyer

What's the latest on fixed recoverable costs in professional negligence claims?

Money Covered: The Week that Was - 28 July

Published on 28 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

4 Questions For The Digital Age (With James Platt)

Published on 13 Jul 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by James Platt, former Global Chief Operating Officer and Chief Digital Officer and now an Advisor at Aon. They will be discussing the 4 questions every organisation should be able to answer before considering changing and deploying digital technology.

The El Niño year and impact on subsidence claims

Published on 13 Jul 2023. By Andrew Roper, Partner and Aimee Talbot, Knowledge Lawyer

Insurers should be bracing for a wave of subsidence claims arising from the increasingly warm weather. The UN’s World Meteorological Organization (WMO) has declared that an El Niño climate event is in progress, which helps explain why June 2023 was the hottest on record in the UK.

Money Covered: The Week that Was - 07 July

Published on 07 Jul 2023. By Rachael Healey, Partner and Robert Morris, Partner and David Allinson, Partner and George Smith, Partner

Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.

What does the FRC's proposed corporate governance overhaul mean for D&O exposures?

Published on 04 Jul 2023. By James Wickes, Partner and Aimee Talbot, Knowledge Lawyer

The Financial Reporting Council (FRC) has now published the draft new UK Corporate Governance Code following the Government's requirements that it incorporate more robust internal control and prudent and effective risk management requirements. The deadline for responses to the FRC's consultation is 13 September 2023.

A Chatbot Discusses Insurance (With ChatGPT)

Published on 27 Jun 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by ChatGPT, an AI chatbot developed by open AI, and they will be exploring ChatGPT's views on insurance.

What’s next for PFAS litigation?

Published on 26 Jun 2023. By Lucy Dyson , Partner

RPC’s Lucy Dyson explores how growing public awareness of PFAS and the associated health and environmental concerns has seen a rise in litigation in the US that parallels asbestos as a toxic tort, with claims over chemical contamination in Europe also on the rise.

Covered: Insurance regulation – Asia edition

Published on 16 Jun 2023. By Andrew Carpenter, Partner and Heidi Ng, Associate

Covered: Insurance regulation – Asia edition

The Smyrna Catastrophe And The Birth Of Lloyd's Of London (with Adrian Leonard)

Published on 08 Jun 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Adrian Leonard of Strategic Insurance Communications and in this episode they discuss the Smyrna catastrophe of 1693 and its impact on marine insurance and Lloyd's of London.

Crypto: issues for solicitors and their PI insurers

Published on 31 May 2023. By Simy Khanna, Partner and Harriet Keltie, Senior Associate

We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.

Product law bulletin – May 2023

Published on 26 May 2023. By Gavin Reese, Partner and Fiona Hahlo, Partner and Mamata Dutta, Partner and Elinor Sidwell, Associate and Andrew Martin, Associate and Rashna Vaswani, Associate

• The spotlight's on product safety following the adoption of the General Product Safety Regulation (EU) and the UK Government's Round Table on online marketplaces • European Council adopts general approach for proposed EU Artificial Intelligence Act • Ford launches history making "hands-off, eyes on" car • Allergen update: more calls for stronger reporting and guidance • General Product Safety Regulations breaches • OPSS publish Product Regulation Strategy for 2022 – 2025

The Insurance Of War (With Bruce Carman)

Published on 23 May 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Bruce Carman, Founder and CUO of HIVE Underwriters. They will be discussing aviation war insurance.

How a Supreme Court ruling could cause surge in claims against directors

Published on 22 May 2023. By Ben Gold, Partner

Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency.

The Insurance Of Long-term Capital Risks (With Mary O'Connor)

Published on 10 May 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Mary O'Connor, CEO of Howden Capital Advisory (Howden CAP), and they will be discussing the Insurance of long term capital risks.

Consumer duty and claims handling – beware of sludge practices

Published on 10 May 2023. By Jonathan Charwat, Partner

The Consumer Duty is a new regulatory framework developed by the Financial Conduct Authority (FCA) aimed at creating a higher standard of consumer protection in the retail markets. The FCA expects the Consumer Duty to be a significant shift for the market in terms of its expectations on firms and in this blog we consider this shift in the context of insurance claims handling.

Beware unexploded bombs, proximate causes and …. the unintended consequences of adding clarity

Published on 02 May 2023. By Tamsin Hyland, Partner and Laura Sponti, Associate

It is not that often that the standard UK market War Exclusion, language which for decades has sat materially unchanged, is the basis of a declinature by insurers. The recent case of Allianz Insurance plc v University of Exeter is therefore particularly interesting as the Court was asked to interpret this language and decide whether BI losses arising from the controlled detonation of a WWII bomb, discovered on nearby property were excluded from cover

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner and Tom Morris, Associate and Tamsin Hyland, Partner

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

Will An Insurance Robot Take My Job? (With James Benham)

Published on 25 Apr 2023.

In this episode Peter is joined by James Benham, CEO and co-founder of three insurtechs; SmartCompliance, Terra and JB Knowledge. He is also the co-host of the Insuretech Geek Podcast. In this episode they discuss the rise of artificial intelligence and the impact on the insurance industry.

How Insurance Shaped The Industrial Revolution (With Robin Pearson)

Published on 13 Apr 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Robin Pearson, Professor of Economic History at the University of Hull and they will be discussing insurance during the time of the Industrial Revolution.

The Month That Was – April 2023 – Pension drawdowns – the next FCA big concern?

Published on 12 Apr 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

A Look at Contingency Insurance (With Martin Lawson)

Published on 06 Apr 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Martin Lawson, Director and Head of Contingency at Dale Underwriting.

The Month That Was – March 2023 – the FCA's consumer duty of care – a new chapter for regulation?

Published on 31 Mar 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Senior Associate and Jessica Pease, Associate

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen.

The Week That Was - 17 March 2023

Published on 17 Mar 2023. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Law and jurisdiction in insurance and reinsurance contracts (Asia Pacific)

Published on 15 Mar 2023. By Mark Errington, Partner

The English courts are emerging as a "hotspot" for environmental and ESG-related claims

Published on 14 Mar 2023. By Lucy Dyson , Partner

Insurers can expect to continue to see an uptick in environmental and mass tort group litigation in the English courts and elsewhere in Europe, against the backdrop of climate change-related, plastics and other environmental risks

The Role of the Chief Information Officer (With Darren Sharp)

Published on 06 Mar 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Darren Sharp, Chief Information Officer (CIO) at Tokio Marine Kiln, and we will be discussing what his role entails.

General Liability newsletter – February 2023

Published on 02 Mar 2023. By Gavin Reese, Partner and Fiona Hahlo, Partner and Tom Butterfield, Trainee Solicitor

Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.

A matter of interpretation – the Supreme Court look at contractual interpretation once more

Published on 24 Feb 2023. By Poppy Hay, Associate and Laura Stocks, Partner

In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.

Your statement or mine? Witness statements under Practice Direction 57AC

Published on 23 Feb 2023. By Richard Seymour, Associate and Simy Khanna, Partner

The judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) has highlighted, in no less than 36 paragraphs on the matter, the importance of ensuring compliance and understanding of Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts ("PD 57AC"), when preparing witness statements.

Insuring The Metaverse (With Michael Brunero)

Published on 21 Feb 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Michael Brunero, Head of Tech, Media and IP at CFC Underwriting and in this episode we will be venturing into the Metaverse to discuss the applications of insurance.

Less is not always more in the context of commercial insurance clauses

Published on 20 Feb 2023. By Laura Sponti, Associate and Tamsin Hyland, Partner

The recent Court of Appeal judgment in Al Mana Lifestyle Trading LLC v United Fidelity Insurance Co PSC [2023] EWCA Civ 6 is a quick read on a relatively short point and serves as a useful recitation of the rules of interpretation in the context of insurance policy wordings.

The collapse of FTX: lessons for many

Published on 14 Feb 2023. By James Wickes, Partner and Matthew Wood, Senior Associate and Jessica Pease, Associate

From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

An Introduction To Cryptocurrency (with Nik Yeo)

Published on 13 Feb 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Nik Yeo, Barrister at Fountain Court Chambers. Nik has a particular speciality in tech disputes, including disputes involving cryptocurrencies which is the topic of this discussion.

SLAPPs – a round up of the latest developments for the SRA

Published on 02 Feb 2023. By Graham Reid, Partner and Charlotte Thompson, Associate

The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.

The scope of a solicitor's duty to third parties in the spotlight again

Published on 26 Jan 2023. By Michelle Peacock, Associate and Rhian Howell, Partner & Head of Office, Bristol

The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.