The judgment in Quadra Commodities S.A. v XL Insurance Company SE and Others [2022] EWHC 431 (Comm) is notable as the first to consider the application of s.13A Insurance Act 2015 relating to the implied term that insurance claims must be paid within a reasonable time. The judgment also provides some clarity as to what
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Antonia Pegden promoted to partnership in Insurance & Professional Risks team
We are delighted to announce that Antonia Pegden has been promoted in the latest round of firm partnership promotions and will join the partnership on 1 May. Antonia is part of the Insurance & Professional Risks team in London and is a commercial disputes lawyer focusing on insurance, pensions and professional negligence disputes. Antonia has…
Prevention of Access clauses revisited
In Corbin & King v AXA Insurance Plc [2022] EWHC 409 (Comm), the High Court considered the scope of insurance cover provided by a ‘prevention of access’ extension for Covid-19 business interruption losses. While the Divisional Court in the FCA Test Case concerning Covid-19 business interruption insurance had generally found that Prevention of Access clauses…
High Court finds no duty owed to investors by barrister advising scheme promoter
Judgment was handed down by Zacaroli J today in McClean & Others v Thornhill [2022] EWHC 457 (Ch).
The decision will be of interest to professional liability insurers, legal practitioners, and litigation funders, particularly those involved in tax-related professional negligence claims.
The investors in a series of film finance tax schemes sued the tax QC…
Regulation in Focus Podcast – Operational Resilience
The latest edition of our Regulation in Focus podcast series features two former regulators in conversation about operational resilience – Andrew Procter from Herbert Smith Freehills and Michael Sicsic from Sicsic Advisory. The discussion focuses on implementation of operational resilience requirements for the upcoming UK regulatory deadline of 31 March 2022.
Michael is the Managing…
Solvency II – 2022 reforms
Although the Brexit transition period ended on 31 December 2020, insurers were insulated from the full impact of the UK’s withdrawal from the EU during 2021. This is set to change in 2022. PRA and FCA concessions to firms affected by Brexit fall away from 31 March 2022 and most firms that are currently in…
Insurance & Reinsurance Disputes Annual Review 2021
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2021 which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market.
For those of you familiar with our Annual Reviews, you will notice that…
Spire and RSA contest aggregation again
In Spire Healthcare Limited v Royal & Sun Alliance Insurance Limited [2022] EWCA Civ 17, the Court of Appeal overturned the High Court’s decision and held that two groups of claims based on the negligent practice of the same surgeon should be aggregated. Irrespective of which group the claims fell into, the unifying factor between…
UK insurance regulation – looking forward to 2022
After a year of upheaval for the UK insurance sector in 2021, there seems little prospect of 2022 being any quieter.
From a regulatory perspective, 2021 began with the end of the Brexit transition period. And while firms operating in UK insurance markets have been insulated from the full impact of Brexit during 2021, this…
AI, Big Data and insurance regulation
Artificial intelligence (AI) and the ever-increasing volume of data (Big Data) are transforming how financial services and products are delivered. The insurance sector is keen to explore the opportunities that both provide for innovation and gains in efficiency and effectiveness. Indeed, European Insurance and Occupational Pensions Authority (EIOPA) suggested earlier this year that over 30%…