Related insights: Insurance Disputes
Professional negligence – insurance brokers in the firing line again?
10 Mar 2021
The Commercial Court's decision in ABN Amro Bank NV v Royal & Sun Alliance Insurance plc [2021] EWHC 442 (Comm) makes for a sobering read for insurance brokers and cargo insurers. Insurers and insurance brokers involved were held liable for losses of some £33.5 million in circumstances where the cover claimed had no precedent in the market.
Transport operators and COVID-19 one year on: a new wave of litigation?
19 Feb 2021
In June last year, we published an article on managing the risk of injury claims in light of COVID-19 and the enhanced workplace practices for employers in the public transport industry. We are now nearly 12 months on from the start of the pandemic and, while the majority of the population is still living under tight restrictions, the vaccine roll-out has provided us with the very much needed light at the end of the tunnel. Transport operators are now able to begin to plan for the future with greater certainty and work on a road map back to full operability.
BI Insurance claims: what happens next?
28 Jan 2021
Following a "leapfrog" appeal, the Supreme Court handed down a landmark judgment on 15 January 2021 on how non-damage business interruption insurance (BI) policies should respond to claims arising out of the COVID-19 pandemic. The judgment represents a significant victory for insureds: BI cover is available under most of the policies considered. It is important to flag, however, that most SMEs holding traditional BI policies which respond to claims arising out of physical loss or physical damage will not benefit from this judgment. We consider the implications of the judgment and what happens next.
Claim trends against solicitors in the pandemic
05 Nov 2020
As we begin a second national lockdown, the challenges facing law firms have not abated. The pandemic has been a real test of law firm's IT systems, business resilience and business continuity plans. Vulnerabilities in these areas will be the primary source of COVID-19 related professional indemnity claims against solicitors but rapid changes in some practice areas bring further risks and challenges. We examine the risks and assess how the pandemic has impacted claim trends against solicitors.
Court of Appeal to examine SIPP provider case
22 Oct 2020
In May, we wrote about the High Court judgment in Adams v Options SIPP UK LLP which offered SIPP providers some comfort that, in circumstances where a loss is suffered by a member and the SIPP provider is acting on an execution only basis, they will not usually be liable for any loss suffered by the investor on investments made through the SIPP, including investments introduced to the member by unregulated providers.
Swift & Carpenter – what does it mean in practice?
16 Oct 2020
The Court of Appeal last week handed down its decision in Swift v Carpenter [2020] EWCA Civ 1295. The issue at stake was the valuing of claims for damages where an injured claimant is obliged to purchase alternative accommodation as a consequence of the injuries suffered. The scope for such an award arises in any claim for long term disability where mobility is affected. Insurers will need to re-assess their approach to such claims and what follows is some practical guidance on the implications of the judgment and we set out the methodology for calculating awards for special accommodation going forwards.
FCA test case: disruption in the new normal
15 Sep 2020
The judgment in the FCA test case concerning the operation of several non-damage business interruption insurance clauses has been handed down today. Groups representing policyholders are claiming victory, however, beyond the headlines is a complex and nuanced judgment. Nevertheless some broad themes can be discerned and insurers will want to consider these and re-assess their approach to all business interruption claims and not just those arising from COVID-19.
SAAMCO is dead – long live SAAMCO!
09 Sep 2020
Litigators have been grappling with the existence and application of the SAAMCO principle in professional negligence cases for over 24 years since Lord Hoffman delivered his leading judgment in the House of Lords[1]. The recent Court of Appeal decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 is the latest higher court authority[2] to confirm that the SAAMCO principle is here to stay.
Transport operators and COVID-19: managing the risk of injury claims
18 Jun 2020
The UK Government has underlined the central role transport operators will have in the reopening of the UK economy as COVID-19 lockdown restrictions are eased by publishing detailed guidance in the form of 'Coronavirus (COVID-19): Safer Transport Guidance for Operators'. But it is clear that the process of returning to normality will be a gradual one. There are also risks for transport operators including potential claims from employees and passengers as a result of injuries allegedly caused by exposure to COVID-19. We examine the guidance and consider what transport operators should do to manage the personal injury liability risks.
FCA updates on Business Interruption Test Case
02 Jun 2020
We previously reported on FCA's intentions to bring a test case to obtain court declarations that would help resolve contractual uncertainty in several business interruption policies, stemming from claims relating to COVID-19. On 1 June, it confirmed the results of its enquiries to date, and its next steps.
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