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Less is not always more in the context of commercial insurance clauses
The recent Court of Appeal judgment in Al Mana Lifestyle Trading LLC v United Fidelity Insurance Co PSC [2023] EWCA Civ 6 is a quick read on a relatively short point and serves as a useful recitation of the rules of interpretation in the context of insurance policy wordings.
Read moreThe collapse of FTX: lessons for many
From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.
Read moreAn Introduction To Cryptocurrency (with Nik Yeo)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Nik Yeo, Barrister at Fountain Court Chambers. Nik has a particular speciality in tech disputes, including disputes involving cryptocurrencies which is the topic of this discussion.
Read moreSLAPPs – a round up of the latest developments for the SRA
The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.
Read moreThe scope of a solicitor's duty to third parties in the spotlight again
The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.
Read moreClimate Activism and Insurance (With Peter Bosshard)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Peter Bosshard, Director of The Sunrise Project and Global co-ordinator of Insure Our Future. In this episode they discuss climate activism in the insurance industry.
Read moreWaiver of a solicitor’s equitable lien: Candey Ltd v Russell Crumpler and another
The Supreme Court has considered the circumstances in which a solicitor may waive or surrender their lien.
Read moreAnnual Insurance Review 2023
Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.
Read moreWhat are the 8 key concerns insurers will face in 2023?
Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.
Read moreThe 1906 San Francisco Earthquake (With Meredith Brasher)
Welcome to season 4 of Insurance Covered! The podcast that covers everything insurance. We are kicking off this year looking at the 1906 San Francisco Earthquake, with guest Meredith Brasher, host of the Insurance vs history podcast.
Read moreIt's a Wonderful Life, Insurance
A swollen river rages through the town of Bedford Falls. It is Christmas Eve and, looking down upon the torrent, shivering on a bridge, is a woman, distraught and wounded by life's cruelties. She prepares to step over the railing. Her name is Insurance.
Read moreThe confusing world of insurance jargon (With Ed Gaze)
Welcome to the final episode of Season 3 of Insurance Covered. As season 3 comes to a close we look to end on a high note. Peter is joined by returning guest Ed Gaze, CEO and founder of IRL, a platform to help launch new InsurTech's.
Read moreA look at The London Market Group (With Caroline Wagstaff)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Caroline Wagstaff CEO of the London Market Group, which is the topic they will be discussing.
Read moreInsurance of the gig economy (With Janthana Kaenprakhamroy)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Janthana Kaenprakhamroy, CEO of Tapoly, an award winning insurtech that provides commercial insurance to small businesses operating in the gig economy, which is what they discuss today.
Read moreInsurers face claims threat from pension fund LDI crisis
The events of the past few weeks are likely to result in claims and/or pressure on commercial relationships, particularly when pension schemes conduct their triennial valuations and agree new deficit reduction plans with employers.
Read moreA look at warranty and indemnity insurance (With Angus Marshall)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Angus Marshall, Head of Transaction Liability at CFC Underwriting, and they will be discussing warranty and indemnity insurance.
Read moreLien won't circumvent disclosure obligations
In Mr David Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) the Court confirmed that solicitors cannot assert a lien so as to modify disclosure obligations under the Civil Procedure Rules in a claim for professional negligence.
Read moreA-Z of Insurance
Insurance plays a role in almost every aspect of life. For most, it is simply a policy that protects their car and home, but there is so much more to it than that. Peter Mansfield takes us on a whistlestop tour through insurance history as he gives us his A-Z of insurance.
Read moreA look at cargo insurance (With Chris McGill)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Chris McGill, Head of Cargo at Ascot Group and Active Underwriter for Parsyl Syndicate 1796. They will be discussing cargo insurance and some of the recent work Chris has been involved in.
Read moreCyber Insurance: Next stop, LATAM
This year BEC and ransomware top the list of cyber incidents around the world, taking an estimated 70% of the total incident response cases.
Read moreAre pension fund trustees at risk of legal action following UK gilts’ meltdown?
Are pension fund trustees conducting liability-driven investing at risk of legal action following the volatility in the UK gilt market?
Read moreBates v Hewitt: the Duty of Utmost Good Faith - Part 2 (With Professor Robert Merkin KC)
Welcome to Insurance Covered, the podcast that covers everything insurance. This is the second of our two part series looking at Carter v Boehm and the duty of utmost good faith. For this episode Peter is joined by Professor Robert Merkin.
Read moreThe SRA's proposals for the use of its new fining powers
The SRA has recently acquired increased fining powers (with effect from July 2022). They are currently consulting on their new approach to imposing financial penalties on regulated firms and individuals.
Read more(Establishing a) Line of duty – Miller v Irwin Mitchell
The recent decision in the High Court case of Miller v Irwin Mitchell (2022) EWHC 2252 (Ch) has provided a helpful guide to the often complex question of when a duty of care either in contract or tort arises – a question that often arises in professional negligence claims against solicitors.
Read moreCarnegie-Brown: Sector not yet fully utilising green investment potential
Lloyd’s chairman Bruce Carnegie-Brown has said the (re)insurance sector could better utilise its role as an institutional investor to support green growth in the global economy but said regulatory changes will be needed if it is to use its assets to their full potential.
Read moreCanada’s Harper: Net-zero by 2050 virtually “unachievable” at current pace of change
Too heavy a focus on national net-zero strategies and a lack of transparency around how global environmental goals are to be achieved could lead to a spike in emissions, Canada’s former prime minister Stephen Harper has warned, adding that existing targets are “unachievable” in their current form.
Read moreCarnegie-Brown offers olive branch to eco-activists
Lloyd’s chairman Bruce Carnegie-Brown has offered an olive branch to the environmental activists who disrupted the near-350-year-old market this year, declaring that he shares their aim of managing the risks from global warming and admires their determination to drive change.
Read moreInsurers must “speak truth to power” on climate change: Canada’s former PM Harper
Canada’s former prime minister has said the global (re)insurance industry has a critical role in speaking “truth to power” when it comes to tackling the impact of climate change because of its investment in data, models and analytics to understand cat risk.
Read moreCarter v Boehm: the Duty of Utmost Good Faith - Part 1 (With Iain Anderson)
Welcome to Insurance Covered, the podcast that covers everything insurance. In the first of a two part series Peter is joined by fellow RPC Partner Iain Anderson, and they discuss the origins of the duty of utmost good faith and the case of Carter v Boehm.
Read moreThe benefits of long-term thinking (With Klisman Murati)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Klisman Murati, Founder & CEO -of Pareto Economics, we discuss the benefits of long term thinking on a global scale.
Read moreMOJ plans to impose compulsory mediation for all County Court claims
The Ministry of Justice has announced plans to impose compulsory mediation (currently a 1-hour telephone call) in small claims and, eventually, in all County Court claims. The MOJ is also considering how the civil mediation market should be regulated. We explain and critique the current proposals and encourage lawyers, their insurers and brokers to provide feedback to the MOJ.
Read moreRisks remain after Law Society guidance on solicitors' undertakings
As solicitors, we are taught from an early stage in our careers that the word "undertaking" should set alarm bells ringing. When an undertaking is mentioned, we are often encouraged to refer it to a supervisor and / or the Risk team. It is true that giving or receiving an undertaking can be fraught with risk – but this is also true of many other aspects of a solicitor's retainer. Why, then, do solicitors need to treat this area with particular caution?
Read moreCourt of Appeal confirms that conditional fee arrangements do not give rise to implied duty of good faith
The Court of Appeal has upheld a High Court decision that conditional fee agreements (CFAs) do not imply a duty of good faith on the part of the client. A firm of solicitors acting under a CFA who had been instructed by their client to settle proceedings on a "drop hands" basis, with no order for costs, was not entitled to recover costs from their client on the basis that the client had breached a duty of good faith. The ruling cautions solicitors who enter into CFAs about the risks of clients agreeing a settlement that deprives them of their entitlement to conditional fees.
Read moreThe Meaning of Zong (With Giles Terera)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by actor, singer, musician, playwright, author, filmmaker and director, Giles Terera. They will be discussing the play he co-directed and and performed in, 'The meaning of Zong' which looks back at one one of the most infamous insurance stories, the Zong Massacre.
Read moreSubrogated recoveries
An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales
Read moreAn insurance tour of London (With Paul Miller & Joe Powell)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this special episode Peter is joined by 2 guests, Paul Miller of HFG Recruitment for his third appearance on the podcast and Joe Powell, Insurance Covered super fan and title insurance underwriter based in Alabama. In this episode they will be going on a walking insurance tour of London.
Read moreMunicipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts
Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP . This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. The cases are now able to proceed in the English courts against BHP England and BHP Australia (causes of action under Brazilian law, including strict liability as an indirect polluter and fault based civil liability).
Read moreProduct law bulletin – July 2022
Welcome to the latest edition of our product law bulletin, this month we focus on: • New guidance published for market safety and product recalls, • Plans from the government to ease UKCA marking transition • OPSS's final report on their Study on the Impact of Artificial Intelligence on Product Safety • Self-driving cars given the green light • Allergen update: Natasha Trial to treat people living with food allergies • FSA issue a final call for CBD products to be add to the public list
Read moreThe role of the modern MGA (with Richard Clapham)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Clapham, CEO of DUAL, and together they discuss the role of the modern MGA.
Read moreAn update on the insurance museum (with Reg Brown)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined for the third time by Reg Brown, who is giving an update on the insurance museum initiative.
Read moreCreating a new class of insurance (With Neta Rozy)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Neta Rozy, CTO of Parametrix, and they will be discussing the creation of a new class of insurance.
Read moreThe Fire Safety Act – An update
Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).
Read moreGeneral Liability newsletter – May 2022
Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.
Read moreCatastrophe Risk Modelling (With Karen Clark)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Karen Clark, Co-Founder of Karen Clark & Company and they will be discussing catastrophe risk modelling.
Read moreMariana v BHP may expand scope of environmental group litigation
The much-anticipated Court of Appeal decision on a claim resulting from Brazil's worst environmental disaster could herald a new era for group litigation against multinationals in the English courts.
Read moreThe Importance of Brand (with Ben Bolton)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Ben Bolton for his second appearance on the podcast. In this episode we discuss the growing importance of brand in commercial insurance.
Read moreA look at lawyers PI insurance (With Martin Ellis)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Martin Ellis, Executive Director at Howden and our topic of discussion is Lawyers professional indemnity insurance.
Read moreCOVID-19 and the impact on UK corporate insolvencies
It has been just over two years since the World Health Organisation first declared Covid-19 a pandemic, and as the UK prepares to transition away from an era of pandemic restrictions and unprecedented government intervention, to a more ‘business-as-usual’ open economy, it seems timely to consider the possible legacies of this crisis on UK businesses.
Read moreA look at climate insurance (With Richard Matsui)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.
Read moreA look at climate insurance (With Richard Matsui)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.
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