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General Liability newsletter – July 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.
Read moreBusiness interruption update
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.
Read moreInternational risk team: The future at Lloyd’s
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.
Read moreIs your OEE cover under control?
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.
Read moreHealth and Safety Bulletin – June 2020
Welcome to the latest edition of our Health and Safety update.
Read moreCoronavirus – a bumpy road ahead for D&O
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.
Read moreDraft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report
On 18 May 2020, the commons Human Rights Committee published their second report on the reforms proposed to bereavement damages available in the UK.
Read moreInternational risk team - What’s my part in all this?
One of the most common issues to arise in offshore energy construction claims is the application of WELCAR’s Defective Parts clause.
Read moreInternational risk team: Aggregation issues in Covid-19 related claims
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.
Read moreGeneral liability newsletter - April 2020
Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months.
Read moreInternational risk team - The Atlantik Confidence: precautions to take in respect dubious claims in the wake of economic crises
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.
Read moreInternational risk team: The Evolution of the Remedy of Avoidance
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”.
Read moreInternational Risk Team: Arbitration in the time of Coronavirus - should Tribunals suspend proceedings?
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.
Read moreInternational Risk Team: Practical briefing - marine products
The impact of the current COVID environment (and its longer-lasting effects) on marine insurance products falls, we believe, into three categories.
Read moreInternational risk team: The impact of COVID-19 on existing business interruption claims
The global spread of COVID-19 and its impact on a wide range of businesses is unprecedented in its speed and scale.
Read more“Tech, lies and video-conferencing”: The Court’s implementation of remote hearings
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.
Read moreInternational risk team: Practical suggestions for prompt payment on complex claims
In the current climate, settling claims and getting funds to an assured promptly is as vital now as it ever was.
Read moreInternational risk team: Mitigation in Trade Credit Insurance
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.
Read moreHealth and Safety Bulletin – March 2020
Welcome to the latest edition of our Health and Safety update.
Read moreInsureds likely face uphill battle in seeking coverage for coronavirus losses in both US & UK
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.
Read moreRisk management for surveyors – how to be prepared for your PII renewal
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.
Read moreContingency market coronavirus briefing – event cancellation
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.
Read moreCovid-19 risk update for UK insurers
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.
Read moreInternational risk: the evolution of the remedy of avoidance
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”.
Read moreNovel Coronavirus ("Covid-19") and its potential implications for Business Interruption Insurers
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.
Read moreThe march of the machines?
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.
Read moreGeneral liability newsletter - January 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.
Read moreProduct liability update - November 2019
A round-up of some of the recent stories making the news.
Read moreGeneral liability newsletter - October 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.
Read morePrivilege Absolute: documents remain privileged forever, unless privilege is waived
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.
Read moreProduct liability update August 2019
A round-up of some of the recent product liability stories making the news.
Read moreGeneral liability newsletter - August 2019
The latest general liability news coming out of the courts.
Read moreKidsons and Kajima reviewed
The Court of Appeal considers the notification of a “hornet’s nest” in Euro Pools Plc v Royal Sun Alliance Plc
Read moreProduct liability update 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.
Read moreGeneral liability newsletter April 2019
The latest general liability news coming out of the courts.
Read moreProduct liability update - February 2019
A round-up of some of the recent stories making the news, from the Product Safety Marking in the event of a “no deal” Brexit to Social media and product advertising.
Read moreGeneral liability newsletter February 2019
The latest general liability news coming out of the courts.
Read moreProduct liability update November 2018
A round-up of product liability news and stories making the headlines.
Read moreGeneral liability newsletter November 2018
The latest general liability news coming out of the courts.
Read moreProduct liability update August 2018
A round-up of key stories making the news, from the Potential impact of US litigation in the UK to a case involving injuries arising from caustic soda.
Read moreGeneral liability newsletter July 2018
The latest general liability news coming out of the courts.
Read moreProduct liability update
A round-up of some of the recent stories making the news, from the EU Product Liability Directive to a case involving hip replacement litigation
Read moreGeneral liability newsletter April 2018
Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.
Read moreAsia Insurance Bulletin 2018
Our Asia Insurance Bulletin is now available. The bulletin contains a number of articles written by our lawyers discussing a variety of issues relevant to the Asia region.
Read moreGovernment announces new office for product safety and standards
On 21 January 2018, the Government announced the creation of the Office for Product Safety and Standards (OPSS), a new national oversight body tasked with “identifying consumer risks and managing responses to large-scale product recalls and repairs”.
Read moreTax avoidance schemes and the duty to warn
In a useful judgment summarising when a duty to warn arises, the Court of Appeal overturned the High Court’s decision and raised doubts over the applicable test when considering whether or not financial advisers have been negligent in advising on the risks associated with investments.
Read moreProduct liability update November 2017
A round-up of some of the recent stories making the news, from automated vehicles to food safety and product advertisements.
Read moreGeneral liability update October 2017
The latest general liability news coming out of the courts.
Read moreGovernment to cover negligence claims against GPs
Government to cover negligence claims against GPs
Read moreGovernment to cover negligence claims against GPs
Government to cover negligence claims against GPs
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