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NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: EBRD launches €1bn insurance facility for Ukrainian exports; Cocktail bar chain settles £4m COVID-19 loss insurance claim; Fenchurch warns on coronavirus (COVID-19) insurance claim limitations; Myanmar earthquake exposes insurance protection gap; UK government may face £70m in claims from fire insurance scheme; Claims groups slam government report on personal injury reform; Insurers could pick up bill for replacing dangerous cladding; Claims firm beats whistleblower’s fraud case; FCA presses London insurers into misconduct training; EIOPA recommends 100 percent capital requirement for cryptoasset holdings of EU (re)insurers; cases and decisions; and key dates for your diary.
PRACTICE NOTES
The frontier worker permit scheme allows EEA and Swiss nationals who are primarily resident overseas but who have previously worked in employment or self-employment in the UK prior to IP completion day (11 pm on 31 December 2020), to be able to continue to enter the UK in order to work here, without requiring permission under the post-Brexit immigration system. A frontier worker permit holder retains protection while they remain primarily resident outside the UK (as defined), and the route is not intended to lead to settlement in the UK. It is open to a person with pre-settled status under the EU Settlement Scheme (EUSS) to apply for a frontier worker permit where it becomes clear that they will not be able to meet the residence requirements for settled status. The permit has been more popular than initially anticipated, and there were 6733 permits issued in the year ending June 2021. It is an option that should always be explored where a UK business wants an EEA or Swiss citizen to
NEWS
Law360: More than a hundred unvaccinated care home workers fired during the COVID-19 pandemic have failed to convince the Employment Appeal Tribunal (EAT) that they should be able to sue the government for discrimination alongside their former employers.
Q&As
For the purpose of this Q&A it has been assumed that: • the property is in England • the tenancy is not a contractual periodic tenancy and the notice was served under section 21(1)(b) A notice requiring possession of a property let under an assured shorthold tenancy may be served under section 21 of the Housing Act 1988, provided various pre-conditions, and the requirements for the notice itself, are met. For information on termination
NEWS
Insurance & Reinsurance analysis: The Financial Conduct Authority (FCA) business interruption insurance test case was instigated and heard with remarkable dispatch. The judgment, running to over 160 pages, was issued on 15 September 2020. It was widely hailed as a victory for policyholders, but the reality is more nuanced because of the myriad differences between policy wordings—both within and outside the representative sample of policy wordings that were considered in the test case.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: reinsurer loses appeal over £69m coronavirus (COVID-19) catastrophe claim; insurers set for mega-trial over ‘lost’ planes stuck in Russia; AXA XL denies US$190m claim for planes stranded in Russia; Lloyd’s says forgery sinks claim over ship struck in Ukraine; Santander, Skipton beat attempts to re-open PPI settlements; insurers forecast to take €2.1bn hit from European floods; insurance to fall as motor injury rate is cut in Scotland and NI; review of Solvency II: PRA issues statement on existing Solvency II rule waivers and modifications; BoE plans to fast-track insurance special purpose vehicles; FCA plans new measures on non-financial misconduct; EIOPA outlines work programme for 2025; EIOPA seeks views on supervision of IORPs’ liquidity risk management; cases and decisions; key dates for your diary; and other news highlights reported over the past week.
NEWS
This week's edition of Insurance & Reinsurance weekly highlights includes: reinsurers reject WRBC's US$90m coronavirus (COVID-19) losses claim; claimant body denies mixed injury epidemic; the British Insurance Brokers' Association (BIBA) reaffirms commitment to environmental, social and governance (ESG) in 2024; an analysis of the Financial Conduct Authority (FCA)’s compelled information request to Lloyd’s market regarding non-financial misconduct—a sign of things to come?; FCA publishes report on Consumer Duty good practice and areas for improvement; cases & decisions; key dates for your diary; and other news highlights reported over the past week.
PRACTICE NOTES
This Practice Note considers force majeure as it applies in English law and the circumstances in which a force majeure event may cause a contract to come to an end, including burden of proof, interpretation of force majeure clauses (operative verb), procedural requirements and challenging the validity of a force majeure clause. See also Practice Notes: • Force majeure clause analysis—a practical guide • Force majeure—key and illustrative decisions For assistance when giving notice of a force majeure event, see Precedent: Force majeure notice. Force majeure clauses were thrust under the microscope in light of ‘world events’, such as the coronavirus (COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022. The 2026 Middle East conflict will likely give rise to more disputes involving force majeure issues, on which see: Force majeure and world events below. Force majeure—meaning and nature The key features of force majeure are: • a 'force majeure clause' is a contractual term providing for one (or both) parties to be excused from performance on the happening of a specified event
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to some of the issues being raised in connection with coronavirus, including this question. See Court of Protection: Guidance
NEWS
This week's edition of the Insurance & Reinsurance weekly highlights includes: hospitality businesses get mixed result for coronavirus (COVID-19) payouts in Liberty Mutual test cases; the Council of the EU renews economic sanctions for a further six months in view of Russia’s continuing actions against Ukraine; the Lloyd’s Market Association (LMA) publishes Cross-Market Co-Lead Claims Agreement; consumer duty rules risk blurring line between advice and guidance; the International Association of Insurance Supervisors (IAIS) publishes 2024 roadmap; cases & decisions; key dates for your diary; and other news highlights reported over the past week.
PRACTICE NOTES
Most (re)insurance lawyers are either litigators or corporate/regulatory lawyers (but rarely both). Most insurance law firms offer both types of service but the emphasis between contentious or non-contentious work varies. Insurance litigators are often instructed to advise on policy coverage. The proper interpretation of the policy wording will determine whether a particular loss is covered. Cover under the policy is kept under review by the litigator as the factual circumstances of a loss are ascertained. They will also act on behalf of their insurer or policyholder client in any dispute that may arise and in relation to any associated subrogated recoveries or claims for contribution. See: Subrogation—overview for further information. If it transpires that a policyholder is not covered in respect of a loss that it had intended should be covered, it is common for the blame to be directed at the brokers who arranged the insurance. Insurance brokers may therefore become involved in coverage disputes and will therefore instruct their own lawyers. For further information, see: Brokers—overview. In liability insurance, insurance
NEWS
This week's edition of PI & Clinical Negligence weekly highlights considers the significant implications of a Supreme Court ruling on 'lost years' claims, particularly for young claimants, and reviews renewed calls for reforms to the coronavirus (COVID-19) vaccine compensation scheme. We also take a look at the government's response to ongoing concerns about rising clinical negligence costs. In addition, we feature our specialised Quantum Database and case submission Portal, along with guidance on submitting cases for publication. We also bring you our usual round-up of other news, cases, webinars and New Law Journal articles of interest.