
Legal Focus

Legal Focus: FOS increases its reach in insurance disputes
The role of the Financial Ombudsman Service in employers’ and public liability claims examined

Legal Focus: Covid-19 coverage dispute highlights importance of early decision-making
Strategic decisions made early in a case, including in which forum to file, can influence case-dispositive issues such as the law applied by the court

Legal Focus: Co-insurance proves tricky in construction contracts
Judgment in FM Conway v The Rugby Football Union makes clear how important the contractual arrangements are in determining the extent of project parties’ respective insurance coverage, even if co-insured

Legal Focus: Why insurers need to prioritise prevention of customer harm
The industry is still some way from avoiding customer harm, meaning only the proactive will prevail as the FCA’s consumer duty comes into force

Legal Focus: US looks to change rules on systemically important non-banks
Proposals would work in concert to alter the processes by which the Financial Stability Oversight Council designates non-bank financial companies as systemically important financial institutions

Legal Focus: Accidental loss in the dock
High Court examines the test for accidental loss in the recent case of MacPhail v Allianz Insurance

Legal Focus: Regulatory, economic and geopolitical factors to drive D&O litigation
Companies are seeing increased directors’ and officers’ exposures, reinforcing expectations insurers will face a rise in claims activity this year

Legal Focus: US court rules against insurer in compensation case
Seventh Circuit ruling in Astellas US Holding v Federal Insurance Company has significant implications for insurers of healthcare providers

Legal Focus: Merck prevails on cyber war clause appeal
New Jersey appellate court ruling in claim arising from the NotPetya attack shows traditional war exclusions are no longer suitable for cyber policies

Legal Focus: UK steps up on risk of insurance failure
New UK insurance resolution regime will target insurance failures that may pose a systemic risk and highlights the growing divergence in regulatory approaches within Europe

Legal Focus: Global insurance industry faces regulatory and stakeholder pressure on ESG
The insurance industry across the world is fully aware of the risks and opportunities surrounding ESG despite a perfect storm of other concerns, the latest Global Insurance Law Connect Risk Radar reveals

Legal Focus: UK set for biggest change to civil justice for a decade
New rules extend fixed recoverable costs regime from October 1, 2023 and include the introduction of a new intermediate track for claims up to £100,000 in value
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