The Hong Kong government released on 25 March 2011 a proposal to build up a safety net of almost HK$2 billion for the city’s insurance policyholders (Proposal). The Proposal is open for public consultation until 25 June 2011.
Read More HK: Proposed Establishment of a Policyholders’ Protection Fund (PPF)
Troutman Pepper Locke
UK: Brokers’ Duties – Tripped Up by Heaters at Camden Market
By Troutman Pepper Locke on
Posted in United Kingdom
Brokers may be found liable for an assured’s losses if they fail to pass on concerns raised by the insurer to their clients, according to a recent Commercial Court case. …
Read More UK: Brokers’ Duties – Tripped Up by Heaters at Camden Market
UK: Supreme Court Holds that Expert Witnesses are no Longer Immune from Civil Suit
By Troutman Pepper Locke on
Posted in United Kingdom
By a majority decision (5-2) the UK Supreme Court in Jones v Kaney [2011] UK SC 13, in a leapfrog appeal from a first instance decision, has held that there is no longer any justification for the immunity of expert witnesses from civil suit for breach of duty in relation to their involvement in litigation. …
Read More UK: Supreme Court Holds that Expert Witnesses are no Longer Immune from Civil Suit
Blog: Waiver of Privilege
By Troutman Pepper Locke on
Posted in United Kingdom
In another episode in the Scottish Lion saga the Inner House of the Court of Session (the Scottish Court of Appeal) has confirmed the first instance decision, on a preliminary point, that where a document which might be the subject of privilege is disclosed for a particular purpose, the privilege will be deemed to have been waived in relation to closely related purposes. …
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UK: High Court Decides that Wreckage Dispute must stay in England
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
The case of Tryggingarfelagio Foroyar P/F v CPT Empresas Maritimas S.A. [2011] EWHC 589 (Admlty) concerned whether the agreement between the claimant’s insured and the defendant was subject to a set of standard terms which incorporated an English arbitration clause. …
Read More UK: High Court Decides that Wreckage Dispute must stay in England
Bermuda: New Requirements to Notify the Authority for Changes in Controllers, Directors and Officers
By Troutman Pepper Locke on
Posted in Bermuda
The Bermuda Insurance Act 1978 (the Act) has recently undergone significant change in relation to requirements to notify the Bermuda Monetary Authority (the Authority) of changes to controllers, directors or officers. …
Read More Bermuda: New Requirements to Notify the Authority for Changes in Controllers, Directors and Officers
UK: English Court of Appeal decision on the Anti-deprivation Rule
By Troutman Pepper Locke on
Cases on the anti-deprivation rule are coming with increasing frequency. In the latest case, reported as Folgate London Market Limited (formerly Towergate Stafford Knight Co Limited) v Chaucer Insurance PLC [2011] EWCA Civ 328, an insurance broker had agreed to indemnify a company against liability in respect of a personal injury claim where the insurers had declined cover on the basis of an exception in the policy. …
Read More UK: English Court of Appeal decision on the Anti-deprivation Rule
Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action
By Troutman Pepper Locke on
The Florida Supreme Court recently held that the attorney-client privilege applies to an insurer’s written communications and that the insured cannot discover such privileged documents in a first party bad faith action. …
Read More Florida Supreme Court Rules that Attorney Client Privileged Documents Not Discoverable in First Party Bad Faith Action
Reminder: Complimentary Webinar: Hydrofracking Risks and Opportunities: What Insurers and Reinsurers Need to Know
By Troutman Pepper Locke on
This 60-minutes webinar will be presented by EAPD Insurance Attorneys Gregory S. Hoffnagle and Robert W. DiUbaldo. …
Read More Reminder: Complimentary Webinar: Hydrofracking Risks and Opportunities: What Insurers and Reinsurers Need to Know
UK: Lloyd’s Publishes its Revised Claims Management Principles and Minimum Standards
By Troutman Pepper Locke on
Posted in Uncategorized
In a market bulletin released on 31 March 2011, Lloyd’s set out its revised Claims Management Principles and Minimum Standards (click here for a copy of the bulletin). The revision is part of Lloyd’s Claims Transformation Project in order to “facilitate and increase the competitive advantage from the efficient handling of claims on their merits“. …
Read More UK: Lloyd’s Publishes its Revised Claims Management Principles and Minimum Standards