News & Analysis as of

United Kingdom Policy Terms

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

A&O Shearman on

An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

Clark Hill PLC on

A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Hogan Lovells

UK pension trustee liability insurance: Key insights for trustees

Hogan Lovells on

Pension trustee liability (PTL) insurance can be a crucial safeguard for trustees of UK pension schemes. This article explains: the cover typically provided; the importance of timely notifications; exclusions (what isn’t...more

K&L Gates LLP

UK Offence of 'Failure to Prevent Fraud': D&O Insurance Can Help the Board to Mitigate Risk

K&L Gates LLP on

In 2023, the UK Government introduced the Economic Crime and Corporate Transparency Act (the Act) with the aim of reducing economic crime in the UK. The Act introduced a number of measures including a new offence of "failure...more

Hogan Lovells

Captive audience: Will the UK's new captive insurance regime attract global attention?

Hogan Lovells on

On 14 November 2024, Chancellor of the Exchequer Rachel Reeves announced the launch of a three-month consultation on the regulatory regime for UK-domiciled captives. The consultation seeks a broad range of market feedback on...more

Cooley LLP

‘After the Event’ Insurance Policy Given No Weight in Security for Costs Application

Cooley LLP on

In Asertis Ltd v. Bloch, in the context of a security for costs application, the English High Court determined that it could give no value to an ‘after the event’ (ATE) insurance policy even though it was supplemented with an...more

K&L Gates LLP

PFAS and Other Emerging Alleged Contaminants Litigation: Mitigating Risk Through Insurance

K&L Gates LLP on

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

Hogan Lovells

Taking robust security over warranty and indemnity insurance policies

Hogan Lovells on

This article addresses the legal and practical issues for lenders on leveraged buy-outs in relation to taking security over warranty and indemnity insurance policies. This article first appeared in the March issue...more

Cadwalader, Wickersham & Taft LLP

UK Spring Budget 2024

Key Tax Measures The Chancellor of the Exchequer delivered the United Kingdom (“UK”) Spring Budget for 2024 on 8 March, 2024.  The Budget was delivered against the backdrop of an anticipated general election in the summer...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

A&O Shearman

Premia in(tro): court finds there should be reasonable remuneration for referral

A&O Shearman on

Where a firm of insurance consultants introduced a new client to an insurance management company, the court held that they were entitled to reasonable remuneration for the referral....more

Ervin Cohen & Jessup LLP

Bad Faith Liability Can Arise Even Absent A Demand Within Policy Limits

In some circumstances an insurer’s duty to settle may arise even in the absence of a demand by the claimant within policy. The recent case of Planet Bingo, LLC v. The Burlington Insurance Company, 2021 DJDAR 2510 (March 18,...more

Conyers

To BII or not to BII – a Cayman Islands perspective

Conyers on

On 15 January 2021, the United Kingdom Supreme Court delivered its judgment on the appeals in the Business Interruption Insurance (BII) test cases between the UK’s Financial Conduct Authority and eight UK insurance companies....more

K&L Gates LLP

COVID-19: FCA Business Interruption Test Case - Unresolved Issue and Wider Implications of Supreme Court Judgement

K&L Gates LLP on

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

Hogan Lovells

Warranty and indemnity insurance – "do"s and "don't"s

Hogan Lovells on

Warranty and indemnity insurance (W&I) in recent years has become a customary aspect of private equity and other M&A transactions, with investors well aware of the deal-enabling benefits (in particular, the transfer of risk...more

Hogan Lovells

Insurance regulatory news, March 2021 # 2

Hogan Lovells on

COVID-19: FCA final guidance on proving presence of COVID-19 in BI insurance claims - Following consultation, the UK Financial Conduct Authority (FCA) has published final guidance on proving the presence of coronavirus...more

Hogan Lovells

Insurance regulatory news, February 2021 # 4

Hogan Lovells on

COVID-19: FCA update on BI insurance test case - The UK Financial Conduct Authority (FCA) has updated its webpage on its business interruption (BI) insurance test case....more

BCLP

FCA Test Case - new declarations: The final hurdle

BCLP on

On 15 February 2021 the FCA released the draft “declarations” that the parties are asking the Supreme Court to make following its judgment in January. The declarations are intended to neatly capture the decisions of the...more

Morgan Lewis

Orient-Express Overturned: Next Stop Is Less Friendly for UK Insurers

Morgan Lewis on

The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted....more

Zelle  LLP

The Financial Conduct Authority v. Arch and Others [2021] UKSC 1 (“the FCA Test Case”)

Zelle LLP on

On 15 January 2021 the UK Supreme Court handed down its highly anticipated judgment in the FCA Test Case. The COVID-19 pandemic has forced the UK Government to introduce public health measures which have resulted in...more

Morgan Lewis

UK Supreme Court Provides Policyholders an Antidote to Business Interruption Losses

Morgan Lewis on

This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to...more

Hogan Lovells

The Supreme Court decides on COVID-19 business interruption coverage – What does this mean for real estate?

Hogan Lovells on

The Supreme Court has dismissed insurers’ appeals and substantially allowed the FCA’s appeal in the conclusion of the FCA test case litigation. The result means significantly greater coverage of claims and the focus will now...more

K&L Gates LLP

COVID-19: Insurance - The UK Supreme Court Judgment Brings Positive News for Policyholders in the FCA's Business Interruption Test...

K&L Gates LLP on

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

Dorsey & Whitney LLP

UK Supreme Court decides important judgment on Business Interruption Insurance

Dorsey & Whitney LLP on

The Supreme Court has delivered its judgment today in the landmark business interruption insurance test case brought by the Financial Conduct Authority (“FCA”). The ruling is important for business interruption policy...more

52 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide