The recent wildfires in California have clearly had a catastrophic impact, destroying a vast number of homes and business premises across the region. Homeowners and businesses may have limited means to protect against...more
Businesses, public services, and computer users across the world faced disruption as a result of the major CrowdStrike information technology (IT) outage, which is being coined by many as one of the largest and worst cyber...more
What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural...more
7/29/2024
/ Business Interruption ,
Business Losses ,
Climate Change ,
Commercial General Liability Policies ,
Environmental Social & Governance (ESG) ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Severe Weather
The United States (US) has seen an explosion of litigation in recent years relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS), referred to by some as “forever chemicals” because they are slow to degrade and can...more
7/3/2024
/ Bodily Injury ,
Contamination ,
Hazardous Substances ,
Health and Safety ,
Insurance Industry ,
Liability Insurance ,
Manufacturers ,
PFAS ,
Policy Terms ,
Regulatory Oversight ,
Retailers ,
Risk Mitigation ,
Toxic Chemicals ,
UK
In the recent case of Zephyrus Capital Aviation Partners 1D Ltd & Ors v Fidelis Underwriting Ltd & Ors (Re Russian Aircraft Operator Policy Claims (Jurisdiction Applications)) [2024] EWHC 734 (Comm), London’s High Court held...more
Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more
Introduction - In Berkshire Assets (West London) Limited v Axa Insurance UK Plc [2021] EWHC 2689 (Comm) the insured failed to disclose to the insurers of its Construction All Risks and Business Interruption policy that one of...more
In this episode, Sarah Turpin, Insurance Recovery and Counseling partner in our London office, discusses insurance coverage for COVID-19-related losses in the United Kingdom, including the UK Supreme Court’s important...more
INTRODUCTION - The English Supreme Court recently dismissed the appeal of an insurance company attempting to rely on a policy exclusion for “deliberate acts.” Although the court in Burnett or Grant v International Insurance...more
On 15 January 2021, the Supreme Court handed down its judgment in The Financial Conduct Authority v Arch and Others. Our alert of 19 January 2021 considered the implications of the judgment for policyholders seeking to claim...more
BACKGROUND TO THE TEST CASE - Following a four day hearing in November 2020, the UK Supreme Court has handed down the appeal judgment in the test case brought by the Financial Conduct Authority (FCA) on behalf of UK based...more
In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more
3/21/2018
/ American Arbitration Association ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitration Fees ,
Arbitrator Selection Disputes ,
Bermuda ,
Binding Arbitration ,
Commercial Arbitration ,
Commercial Insurance Policies ,
Contract Disputes ,
Dispute Resolution ,
Federal Arbitration Act ,
Foreign Arbitration Clauses ,
Insurance Industry ,
LCIA ,
Liability Insurance ,
Mandatory Arbitration Clauses ,
Manifest Disregard ,
McCarran-Ferguson Act ,
Reverse Preemption ,
UK ,
UK Brexit
Insurance claims represent assets in insolvency which may be capable of realisation or assignment by an insolvency practitioner (IP). If properly managed, such claims can prove to be a significant source of recovery. ...more
In her speech at Mansion House in July earlier this year, Metropolitan Police Commissioner Cressida Dick said that the occurrence of terror attacks in the United Kingdom is a case of "when not if". She was speaking in...more
From 4 May 2017 it became possible for policyholders to recover damages from insurers who have not paid valid claims within a ‘reasonable period of time’.
The change has been brought about by section 28 of the Enterprise...more
We recently hosted a round table discussion on the new Insurance Act which addressed:
- How the law has changed and how it will affect your organisation
- What practical changes are needed to ensure compliance with the...more
Following the UK referendum vote on 23 June to leave the European Union, businesses and individuals around the world are closely monitoring the emerging political, business and economic situation.
It is not yet known...more
The Third Party (Rights Against Insurers) Act 2010 (the “2010 Act”) finally comes into force on 1 August 2016.
The 2010 Act makes it easier for a third party to bring a claim against an insurer when the insured party has...more
As reported in our earlier alert the new Insurance Act (which will govern insurance policies placed, amended or renewed from 12 August 2016) is designed to provide a more up to date framework for commercial insurance in...more
The late payment of insurance claims has been a particular problem for commercial policyholders for many years. Any business which is the target of multiple claims or criminal or regulatory investigations or proceedings, or...more
The new Insurance Act will come into force on 12 August 2016. The new Act is designed to provide a more up to date framework for commercial insurance in England and Wales,, with a focus on transparency and certainty over the...more
Originally published in The Lawyer on March 18, 2013.
It would be a mistake to think that directors and officers (D&O) insurance provides a blanket indemnity. D&O policy wordings are complex and...more