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Latest Insurance & Reinsurance News

Reforms to the EU Solvency II regime

Reforms to the EU Solvency II regime

The following EU Law news provides comprehensive and up to date legal information on Reforms to the EU Solvency II regime

USA—Cyber insurance market evolving with risks, Beazley expert says

USA—Cyber insurance market evolving with risks, Beazley expert says

The following Insurance & Reinsurance news provides comprehensive and up to date legal information on USA—Cyber insurance market evolving with risks, Beazley expert says

EU insurers offered €90bn in short-term capital relief in prudential overhaul

EU insurers offered €90bn in short-term capital relief in prudential overhaul

The following EU Law news provides comprehensive and up to date legal information on EU insurers offered €90bn in short-term capital relief in prudential overhaul

Cladding remediation—where are we?

Cladding remediation—where are we?

The following Construction news provides comprehensive and up to date legal information on Cladding remediation—where are we?

Featured Insurance & Reinsurance content

Insurance premium

Insurance premium

Insurance premiumAn insurance premium is the sum paid for insurance or reinsurance cover and is the consideration paid by the (re)insured for the...

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA...

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)

Motor claims in the Portal—a practical guide (Stage 1)The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April...

Insurable interest

Insurable interest

Insurable interestThis Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also...

Practice notes

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation...
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Produced in partnership with Eleanor Ruiz of Reed Smith and Mark Pring of Reed Smith 19th May
Practice notes

Buildings insurance—subrogation rights and waivers

The principle of subrogationSubrogation is the right of an insurer, once it has made payment to its insured for loss covered by an insurance policy,...
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19th May
Practice notes

Liability of the reinsurer to the insolvent insurance company

Liability of the reinsurer to the insolvent insurance companyEffect of liquidation on reinsurance recoveriesWhen an insurer goes into liquidation, its...
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19th May
tag iconIn-house
Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
tag iconBrexit
Practice notes

The registration and regulation of friendly societies

The registration and regulation of friendly societiesWhat is a friendly society?There has been a system of registration, and with it regulation, of...
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Produced in partnership with John Gilbert of Hogan Lovells International LLP 19th May
Practice notes

Double insurance and contribution

Double insurance and contributionOverlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover,...
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Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 19th May
Practice notes

Sanctions clauses and the effect of sanctions on insurance policies

Sanctions clauses and the effect of sanctions on insurance policiesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Daniel Martin of HFW 19th May
Practice notes

What is a contract of insurance?

What is a contract of insurance?This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an...
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Produced in partnership with RPC 19th May
Practice notes

Forms of reinsurance and terminology

Forms of reinsurance and terminologyThe parties to a reinsurance contract and reinsurance terminologyThe principal parties to any reinsurance contract...
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19th May
Practice notes

Insurance reserves, claims data and loss development triangles

Insurance reserves, claims data and loss development trianglesThis Practice Note explains insurance industry practice in relation to loss reserves,...
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19th May
Practice notes

Conduct Rules for SM&CR Firms

Conduct Rules for SM&CR FirmsBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation...
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Produced in partnership with Mark Compton and Lauren Smith of Mayer Brown International LLP 19th May
Practice notes

Warranty and Indemnity (W&I) insurance in private M&A transactions—guide to the key documents

Warranty and Indemnity (W&I) insurance in private M&A transactions—guide to the key documentsWith the significant rise in the use of Warranty and...
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Produced in partnership with Adrian Furlonge of Hemsley Wynne Furlonge LLP 19th May
Practice notes

The functions and duties of insurance brokers—policy placement

The functions and duties of insurance brokers—policy placementThis Practice Note provides a high level introduction to the functions and duties of...
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19th May
Practice notes

A guide to the Consumer Insurance (Disclosure and Representations) Act 2012

A guide to the Consumer Insurance (Disclosure and Representations) Act 2012Insurance contracts have always had an aura of mystery about them in the...
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Produced in partnership with Alexander Rosenfield of Fenchurch Law and John Curran of Fenchurch Law 19th May
Practice notes

Public liability insurance—basic insurance principles

Public liability insurance—basic insurance principlesPublic liability insurance contractsInsuring clausePublic liability insurance indemnifies a...
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19th May
Practice notes

Insurance—duty of disclosure

Insurance—duty of disclosureDuty of 'fair presentation'Under the Insurance Act 2015, s 3 (IA 2015), the insured has a duty to make a 'fair...
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19th May

Most recent Q&As content

Q&As

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case law on the reverse onus for burdens of proof if the individual is a named policyholder? Can they rely on their own failure to register as the vehicle keeper with the DVLA as prima facie evidence they were not the actual owners?

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case...
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16th Sep
Q&As

We have an insurance policy which both covers and excludes a particular risk. Linked to this is the use in the policy of the words ‘and/or’. Do you have any materials which can help us to interpret this section of the policy?

We have an insurance policy which both covers and excludes a particular risk. Linked to this is the use in the policy of the words ‘and/or’. Do you...
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13th Sep
Q&As

What do I need to consider in promoting insurance products online?

What do I need to consider in promoting insurance products online?BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the...
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8th Sep
Q&As

A driver was using new personalised number plates when they crashed into a wall. A search on this number plate found that it was not associated to the vehicle. It transpired that the driver had missed a step in the process when registering the new number plate and so the old registration plate was still associated with their vehicle. Would this affect the insurer and indemnity?

A driver was using new personalised number plates when they crashed into a wall. A search on this number plate found that it was not associated to the...
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23rd Aug
Q&As

Where a party was negligently advised to take out an endowment mortgage which did not cover the outstanding mortgage on maturity, what needs to be proved in order to establish a claim for damages?

Where a party was negligently advised to take out an endowment mortgage which did not cover the outstanding mortgage on maturity, what needs to be...
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18th Aug
Q&As

What is the limitation period in an action against a solicitor for negligent drafting of a Will?

What is the limitation period in an action against a solicitor for negligent drafting of a Will?Where a person assumes responsibility to perform...
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18th Aug
Q&As

How are damages calculated in a professional negligence claim where there are multiple defendants?

How are damages calculated in a professional negligence claim where there are multiple defendants?The standard of care in professional negligence...
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18th Aug
Q&As

If a company is 'merely' in liquidation (ie a CVL) would this: (i) mean we can still issue against the insured under the Third Parties (Right Against Insurers) Act 1930 (prior to it being dissolved), obtain judgement and then go against the insurer, (ii) prevent the company being dissolved until the judgment has been received so we can go against the insurer to recover the money?

If a company is 'merely' in liquidation (ie a CVL) would this: (i) mean we can still issue against the insured under the Third Parties (Right Against...
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Produced in partnership with Carly Schiff of Boyes Turner 18th Aug
Q&As

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the action even though it is subject to an enforced award and liability has therefore crystallised? If so, should proceedings be brought in the client's name or the name of the dissolved company?

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the...
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18th Aug
Q&As

Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?

Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986,...
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18th Aug
Q&As

H took out a life assurance policy in 1966 with himself as the life assured and his wife W as the sole beneficiary. The policy is expressed to be subject to section 11 of the Married Women’s Property Act 1882. W has predeceased H, who is still alive. Can the trustees of the policy surrender it during H’s lifetime and pay its proceeds to H’s children?

H took out a life assurance policy in 1966 with himself as the life assured and his wife W as the sole beneficiary. The policy is expressed to be...
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15th Aug
Q&As

What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability claims succeed against insurers directly? What are the Claimant’s options where the Defendant is insolvent, impecunious or otherwise unavailable but insurance exists? Lastly, does vicarious liability supersede policy exceptions in order to compensate Claimants?

What is the interaction between the Third Parties (Rights Against Insurers) Act (both 1930 and 2010) and vicarious liability? Can vicarious liability...
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Produced in partnership with Andrew Wilson 15th Aug
Q&As

This question concerns the operation of section 151 of the Road Traffic Act 1988 (RTA 1988). Where a party 1 sells his vehicle to a party 2 but does not cancel his insurance policy, if party 2 remains uninsured and has an accident, the insurer for party 1 is obliged to pay out under RTA 1988, s 151. In this situation, can the insurer seek recovery of these costs from party 1 and/or party 2?

This question concerns the operation of section 151 of the Road Traffic Act 1988 (RTA 1988). Where a party 1 sells his vehicle to a party 2 but does...
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15th Aug
Q&As

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?

In the event of a no-deal Brexit, will claimants still have a direct right of action against motor insurers?This question relates to the European...
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Produced in partnership with Andrew Wilson 15th Aug
tag iconBrexit
Q&As

When can a motor insurer obtain a declaration under section 152 of the Road Traffic Act 1988?

When can a motor insurer obtain a declaration under section 152 of the Road Traffic Act 1988?Section 151 of the Road Traffic Act 1988 (RTA 1988)...
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Produced in partnership with Andrew Wilson 15th Aug
Q&As

What are the consequences for law firm of breaching the insurance distribution regime?

What are the consequences for law firm of breaching the insurance distribution regime?Failure to comply with the insurance distribution regime could...
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15th Aug
Q&As

Could the Brexit transition period be extended due to coronavirus (COVID-19)?

Could the Brexit transition period be extended due to coronavirus (COVID-19)?Responding to the coronavirus (COVID-19) pandemic is impacting government...
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12th Aug
tag iconBrexit tag iconCOVID-19
Q&As

Does the Insurance Distribution Directive apply to insurance intermediaries distributing only general insurance products (ie no insurance-based investment products)? What is the process for conflicts of interest for insurance intermediaries distributing only general insurance products (ie no insurance-based investment products)? What is the process for conflicts of interest for insurance intermediaries distributing insurance-based investment products?

Does the Insurance Distribution Directive apply to insurance intermediaries distributing only general insurance products (ie no insurance-based...
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Produced in partnership with Julia Dias QC of 7KBW 12th Aug
Q&As

Does a limitation period run from the date of the incident/insured event or does it run from the date on which insurers decline cover for the claim?

Does a limitation period run from the date of the incident/insured event or does it run from the date on which insurers decline cover for the...
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12th Aug
Q&As

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made...
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12th Aug

Popular documents

Defects liability period and rectification of defects

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international