Reed Smith

This Practice Note considers allocation and attachment of losses in insurance and reinsurance claims where it is unclear to which insurance policy a loss will attach to or to which year of account it falls to be allocated. It also considers allocation of recoveries and provides guidance as to how complexities such as aggregation, underinsurance, average and indivisible losses affect how losses are allocated and to which policies they attach.

This Practice Note details certain aspects of capital markets transactions in the charity, social housing and education (university) sectors. In addition, examples of such transactions and potential issues to be aware of are highlighted. The Practice Note sets out what social impact bonds (SIBs) and development impact bonds (DIBs) are and how these operate. It also describes key parties to the transactions and key documents used in transactions when issuing SIBs or DIBs.

ARCHIVED: This Practice Note deals specifically with the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 8–14. The Practice Note considers general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party—the position where parties are on an equal footing is explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is impact of an agreed jurisdiction clause in an insurance dispute.

This Practice Note considers how firms can prevent a potential regulatory breach from escalating to a serious issue subject to FCA and/or PRA enforcement. It considers the risks for firms and senior managers of not notifying or reporting a breach to the regulator. It sets out the practical considerations for firms on discovering a breach, including: planning and strategy in relation to internal investigations; dealing with individual misconduct; securing evidence; the role of senior managers when a breach occurs; notifications to the market under LR 9.2; informing other parties of a breach such as insurers and auditors; publicity and public relations (PR) strategy; and further consequences of breaches such as civil proceedings and interest from other regulators.

This Practice Note looks at the main terms of capital call facilities, including typical representations, covenants and events of default, the nature of the due diligence a lender will undertake and what constitutes a typical security package.

This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents or third party rights against insurers is explored.

This Practice Note provides a guide to subrogation in the context of insurance. It explains the legal basis and purpose of subrogation and its practical application. This Practice Note provides guidance on how to distinguish rights of subrogation from other rights, such as assignment or contribution claims. It covers common situations such as subrogation against co-insureds and the application of express subrogation clauses or waiver of subrogation. It also explains the allocation of recoveries and the duty of the insured to co-operate with insurers.

This Practice Note looks at the insurance contract provisions in Assimilated Regulation (EC) 593/2008, Rome I (UK Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose and escape routes. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether UK Rome I or UK Rome II apply when dealing with vehicle accidents or third party rights against insurers is explored.

This Practice Note considers waivers in the context of insurance underwriting and claims-handling, focusing on non-consumer insurance contracts. It considers waiver in the context of the duty of fair presentation, waiver by affirmation or election, waiver by estoppel, waiver in the context of a breach of a condition and an insurer’s reservation of rights.