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Perspective - Publication

International Comparative Legal Guide – Insurance & Reinsurance 2022

Published on 07 Mar 2022.

Practical cross-border insights into insurance and reinsurance law

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Perspective - Publication

Home Alone: the birth of a lawyer

Published on 21 Dec 2021. By Peter Mansfield, Partner

Partner Peter Mansfield reveals the shocking truth about the iconic Christmas movie Home Alone.

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Perspective - Publication

The Matrix and the Reality of Insurance

Published on 15 Dec 2021. By Peter Mansfield, Partner

1 hour, 31 minutes and 39 seconds into The Matrix, something remarkable happens. We glimpse a skyscraper, at the top of which is the single word, 'Norwich', and what looks suspiciously like the Norwich Union logo. 15 minutes and 9 seconds later, it's a different skyscraper, but this one has 'Aon'. This tells us everything we need to know about The Matrix. Literally everything.

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Perspective - Publication

When the bough breaks...

Published on 03 Dec 2021. By Andrew Roper, Partner and Ally Yeandle, Associate

When the bough breaks: Force majeure or Third Party negligence? How to identify a recovery. When trees fail, they have the potential to cause significant damage and disruption to property and businesses.

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Perspective - Publication

Product law bulletin – December 2021

Published on 02 Dec 2021. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner and Elinor Sidwell, Associate

Welcome to the latest edition of our product law bulletin, this month we focus on compliance with Natasha's law, the extension of the UKCA mark deadline, the OPSS Awareness Scheme into the dangers of swallowing small high powered magnets and whether COVID-19 can cause new allergic reactions to products.

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Perspective - Publication

Are procedural and administrative errors driving claims?

Published on 01 Nov 2021. By Laura Stocks, Partner and Georgia Durham, Associate

The PI insurance market has continued to harden in 2021, with most firms seeing premium increases in their 2021 renewals. As we come out of a highly disruptive period off the back of the pandemic and adjust to a new way of working, the solicitors PI market is likely to continue to see claims arising in areas such as cyber-related incidents, residential conveyancing, commercial property, wills and probate, and lost litigation. In this article we look at a common thread in many of these types of claim: procedural and administrative errors.

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Perspective - Publication

Subsidence recovery: the burden of proof - Maximising the prospects of recovery from the outset

Published on 17 Aug 2021. By Ally Yeandle, Associate

Tree root induced subsidence is caused by extraction of moisture from subsoil by the roots of trees. The extraction of moisture causes the volume of the soil to shrink, undermining properties’ foundations and is by far the most common cause of subsidence damage to properties in the United Kingdom.

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Perspective - Publication

Current developments/trends in shareholder/ D&O claims in Europe

Published on 03 Aug 2021. By James Wickes, Partner

Every country across the world is increasingly taking on more debt and this has only been intensified by the pandemic, resulting in an upsurge in claims. People and companies will seek to recover funds wherever they can.

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Perspective - Publication

Product liability bulletin - April 2021

Published on 26 Apr 2021. By Gavin Reese, Partner, Head of Regulatory and Mamata Dutta, Partner and Elinor Sidwell, Associate and Sharona Zovich, Associate

Welcome to the latest edition of our product liability bulletin, looking at key news articles and cases affecting the industry. In this edition we look at: OPSS guidance following Brexit, Group Action against Vauxhall, new button battery safety campaign & much more.

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Perspective - Publication

Certainly Uncertain – The Material Uncertainty Clause

Published on 08 Apr 2021. By Alexandra Anderson, Partner

The circumstances related to the global COVID-19 pandemic have raised questions as to whether surveyors should include a declaration that the valuation is subject to material valuation uncertainty, highlighting that a greater degree of caution should be used when relying on it.

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Perspective - Publication

Time to hit the reset button

Published on 29 Mar 2021. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

The insurance industry is uniquely placed to confront issues, such as climate change, rather than simply picking up the pieces from disaster.

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Perspective - Publication

Halliburton v Chubb

Published on 06 Jan 2021.

Repeat arbitrator appointments in the context of trade credit and political risk insurance arbitration

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Perspective - Publication

General Liability newsletter – November 2020

Published on 30 Nov 2020.

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

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Perspective - Publication

General Liability newsletter – July 2020

Published on 10 Aug 2020.

Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months. This month we look at recent cases and government updates regarding: Ogden tables, fraudulent or exaggerated claims, consent orders, pre action disclosure applications and the vital importance of causation as an ingredient of negligence in addition to breach of duty.

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Perspective - Publication

Business interruption update

Published on 27 Jul 2020. By Toby Savage, Partner and Victoria Sherratt, Partner and Catherine Percy, Partner

In the wake of the government lockdowns across the globe and as restrictions begin to be eased in some countries, RPC has accessed a number of pre-eminent insurance practices in the major claims centres to swap notes on some of the key legislative developments to date in their respective jurisdictions and any recent cases of interest.

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Perspective - Publication

International risk team: The future at Lloyd’s

Published on 24 Jul 2020. By Toby Savage, Partner

At the end of last year Lloyd’s published its Blueprint One, another instalment in the Future at Lloyd’s initiative. Blueprint One is a strategic document which maps out the ways in which the Corporation intends to combine data, technology and new ways of working in order to revolutionise the Lloyd’s market. The proposals are wide ranging and touch upon all facets of business at Lloyd’s, from risk placement through to claim payment, along with initiatives for attracting more capital and the development of new products.

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Perspective - Publication

Is your OEE cover under control?

Published on 15 Jul 2020.

This month marked the 32nd anniversary of the devastating fire and explosion which destroyed the Piper Alpha platform in the UK sector of the North Sea. The event remains one of the largest ever offshore catastrophes, tragically claiming 167 lives.

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Perspective - Publication

Health and Safety Bulletin – June 2020

Published on 01 Jul 2020.

Welcome to the latest edition of our Health and Safety update.

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Perspective - Publication

Coronavirus – a bumpy road ahead for D&O

Published on 28 May 2020.

Globally, insurers are waiting to see how COVID-19 related exposures will impact their respective D&O books. RPC has accessed a number of pre-eminent insurance practices in the major claims centres to swap notes on the possible D&O exposures in their respective jurisdictions and how they envisage insurers might act in response.

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Perspective - Publication

Draft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report

Published on 22 May 2020.

On 18 May 2020, the commons Human Rights Committee published their second report on the reforms proposed to bereavement damages available in the UK.

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Perspective - Publication

International risk team - What’s my part in all this?

Published on 19 May 2020.

One of the most common issues to arise in offshore energy construction claims is the application of WELCAR’s Defective Parts clause.

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Perspective - Publication

International risk team: Aggregation issues in Covid-19 related claims

Published on 12 May 2020.

A lot of electronic ink has been used by lawyers to debate whether coronavirus on the surface of physical things constitutes damage. Although that may have seemed a crucial question some weeks ago before the lock-down it is probably largely academic now.

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Perspective - Publication

General liability newsletter - April 2020

Published on 04 May 2020.

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

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Perspective - Publication

International risk team - The Atlantik Confidence: precautions to take in respect dubious claims in the wake of economic crises

Published on 01 May 2020.

Insurers want to pay claims. However, insurance claims history shows that when certain businesses face an existential threat they are inclined to take a very aggressive attitude towards their insurance “assets” in a desperate attempt to generate liquidity.

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Perspective - Publication

International risk team: The Evolution of the Remedy of Avoidance

Published on 24 Apr 2020.

There used to be a side-splitting “joke” amongst the barrister authors of a particular insurance law textbook that its title ought to have been “How to Avoid”.

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Perspective - Publication

International Risk Team: Arbitration in the time of Coronavirus - should Tribunals suspend proceedings?

Published on 22 Apr 2020.

The global pandemic has caused many of the ‘normal’ facets of life to come to an abrupt standstill. The legal world is, of course, not immune to the effects of coronavirus and dispute resolution has been impacted.

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Perspective - Publication

International Risk Team: Practical briefing - marine products

Published on 20 Apr 2020.

The impact of the current COVID environment (and its longer-lasting effects) on marine insurance products falls, we believe, into three categories.

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Perspective - Publication

International risk team: The impact of COVID-19 on existing business interruption claims

Published on 16 Apr 2020.

The global spread of COVID-19 and its impact on a wide range of businesses is unprecedented in its speed and scale.

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Perspective - Publication

“Tech, lies and video-conferencing”: The Court’s implementation of remote hearings

Published on 09 Apr 2020.

Perhaps very few legal practitioners would have thought that an establishment so rooted in 19th century custom and tradition would be so willing to adopt comparatively modern means of navigating the logistical challenges brought about by the COVID-19 pandemic.

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Perspective - Publication

International risk team: Practical suggestions for prompt payment on complex claims

Published on 08 Apr 2020.

In the current climate, settling claims and getting funds to an assured promptly is as vital now as it ever was.

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Perspective - Publication

International risk team: Mitigation in Trade Credit Insurance

Published on 07 Apr 2020.

The measures taken by governments around the world to halt the spread of COVID-19 are already having a significant impact on the global economy. The prohibitions on trade, and closures of businesses, unfortunately mean that an increase in defaults and insolvencies is inevitable.

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Perspective - Publication

Health and Safety Bulletin – March 2020

Published on 01 Apr 2020.

Welcome to the latest edition of our Health and Safety update.

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Perspective - Publication

Insureds likely face uphill battle in seeking coverage for coronavirus losses in both US & UK

Published on 20 Mar 2020. By Victoria Sherratt, Partner and Naomi Vary, Partner and Simon Laird, Global Head of Insurance

As the coronavirus, COVID-19, continues to spread, organizations around the globe are facing mounting business disruptions and economic losses. Some of these entities may seek coverage for these losses under a variety of insurance policies. Coverage under any form will depend, of course, on the facts of the claim, policy wordings, and the applicable law. Here, we highlight some policy wordings insurers should keep in mind when evaluating coronavirus-related claims under various coverage forms.

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Perspective - Publication

Risk management for surveyors – how to be prepared for your PII renewal

Published on 19 Mar 2020. By Lucy Cadwallader, Associate

Surveyors will be aware of the requirement to have Professional Indemnity Insurance (PII), both for RICS membership and to protect themselves in the event of a claim. Despite the fact that valuers are facing considerably fewer claims than they did in the years following the 2008 economic crisis, there has still been a reduction in the availability of PII and surveyors are facing a challenging time when they come to renew their insurance.

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Perspective - Publication

Contingency market coronavirus briefing – event cancellation

Published on 16 Mar 2020.

On 11 March 2020, the World Health Organisation declared the current COVID-19 outbreak to be a worldwide pandemic. For the vast majority of people, this label may make little practical difference; the WHO designation does not trigger any automatic or mandatory global reaction, and the decision as to the steps to be taken in response to the outbreak remain in the hands of national governments.

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Perspective - Publication

Covid-19 risk update for UK insurers

Published on 12 Mar 2020.

In the context of the novel coronavirus dominating international news headlines, RPC consider some key insurance issues with respect to the potential application of notifiable disease and supply chain extensions to standard business interruption insurance policies.

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Perspective - Publication

International risk: the evolution of the remedy of avoidance

Published on 10 Mar 2020.

There used to be a side-splitting “joke” amongst the barrister authors of a particular insurance law textbook that its title ought to have been “How to Avoid”. This was because twenty-five years ago telephone calls between insurance carriers and their lawyers might often have started with: “We are going to get clobbered. How can we get out of this?”. Back then the insurance market was a very different place to what it is now. It was somewhat fragmented and there was a heady mix of under-capitalisation and LMX spiral business (a hazardous game of “pass the exploding parcel” played through mutual reinsurance). A big loss could spell doom – hence the “joke”.

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Perspective - Publication

Novel Coronavirus ("Covid-19") and its potential implications for Business Interruption Insurers

Published on 20 Feb 2020.

In the context of the novel coronavirus dominating international news headlines, RPC Partners Antony Sassi and Mark Errington, consider some key insurance issues with respect to the potential application of notifiable disease and supply chain extensions to standard business interruption insurance policies.

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Perspective - Publication

The march of the machines?

Published on 10 Feb 2020. By William Jones, Of Counsel

You may have seen the piece by the BBC a couple of weeks ago about Artificial Intelligence entering into a “winter”, following its “summer” of the last decade). In short, there appears to be a growing consensus that AI has been over-hyped particularly by those selling it.

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Perspective - Publication

General liability newsletter - January 2020

Published on 06 Feb 2020.

Welcome to the latest edition of our general liability newsletter, rounding up the key cases from January 2020. This month we look at recent cases involving; claims for court fees, late applications to vacate trial, part 36 settlements & litigation privilege.

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Perspective - Publication

Product liability update - November 2019

Published on 02 Dec 2019.

A round-up of some of the recent stories making the news.

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Perspective - Publication

General liability newsletter - October 2019

Published on 04 Nov 2019.

Welcome to the October edition of our general liability newsletter. This month looks at recent cases involving; fraud, privilege, covert surveillance, non-party access and legal costs.

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Perspective - Publication

Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 Oct 2019. By Nick Bird, Partner and Laura Stocks, Partner

The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

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Perspective - Publication

Product liability update August 2019

Published on 29 Aug 2019.

A round-up of some of the recent product liability stories making the news.

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Perspective - Publication

General liability newsletter - August 2019

Published on 05 Aug 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Kidsons and Kajima reviewed

Published on 31 May 2019.

The Court of Appeal considers the notification of a “hornet’s nest” in Euro Pools Plc v Royal Sun Alliance Plc

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Perspective - Publication

Product liability update May 2019

Published on 31 May 2019.

A round-up of some of the recent stories making the news, from consultation on food labelling to changes to the product liability and safety legislation in the event of a "no deal" Brexit.

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Perspective - Publication

General liability newsletter April 2019

Published on 30 Apr 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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