Category: Insurance

PLUS D&O Symposium: Rise of Cryptocurrency and Blockchain Creates New Exposures

Last week, the Professional Liability Underwriting Society (PLUS) held its annual Directors and Officers (D&O) insurance symposium, which brings together key players and thought-leaders in the insurance industry to discuss leading issues impacting the D&O insurance marketplace.  The symposium included excellent panel discussions on emerging trends and significant insurance issues, […]

Insurtech in the US, Bermuda and Beyond – presentation, Thursday 21 February

Next Thursday 21 February, Cooley partner Heidi Lawson and Special Counsel Greg Hoffnagle will be presenting at Lloyd’s of London on ‘Insurtech in the US, Bermuda and Beyond’.

US: Second Circuit Highlights Importance of Disclosures in Insurance Policy Warranty Statement

The United States Court of Appeals for the Second Circuit recently issued a decision highlighting the significance of full disclosure in an insurance policy warranty statement and the critical importance of negotiating such warranty statements to define the specific persons whose knowledge may be considered knowledge of the company for […]

Supreme Court rules on scope “malice” in war risks insurance policy

  In Navigators Insurance v Atlasnavios Navegacao [2018] UKSC 26, the Supreme Court was asked to consider whether the smuggling of cocaine on a vessel, unknown to the owners or crew, constituted a ‘person acting maliciously’ in a war risks insurance policy. The clause in question was the standard form […]

ACOD B – A 1980s Design Success

The special features of mesothelioma (its “indivisible” nature and its long latency) have thrown up many complex legal questions resulting in the creation of special mesothelioma jurisprudence and legislation governing the liabilities arising from the disease and how insurance should respond. Those developments have taken nearly 20 years, but the […]

High Court Rules on Notifications to Separate Policy Years

In The Cultural Foundation v Beazley Furlonge and Others [2018] EWHC 1083 the Commercial Court considered the division of liability between primary and excess insurers in circumstances where it was unclear to which year the relevant claims had been notified. There were several other preliminary issues in this case, however […]

IRLA Congress here we come

Cooley partners David Kendall and Mark Deem are amongst the panellists at this week’s 2018 IRLA Congress in Brighton. David will be joining a ‘Regulatory issues panel’ with Jane Portas (PwC), James Bolton (Quest) and Jamie Stacey (RMSL) at 10.30 on Wednesday 16th. Later that day Mark Deem is joining […]

Court of Appeal addresses “experience of insurance or reinsurance” for the purposes of appointing an arbitrator

In Allianz Insurance PLC & Ors v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal decided that, under an arbitration clause requiring the appointed arbitrators to have “not less than ten years’ experience of insurance or reinsurance”, a barrister specialising in insurance and reinsurance law for over 10 […]

Court of Appeal provides guidance on forseeability in mesothelioma claims

In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a result of exposure while employed by the defendant as a plumber from 1965 to 1968. The […]

Supermarket swept up into liability of rogue employee

The received wisdom was always that the greatest exposures created by a cyber security incident or data breach were the costs of remediation, business disruption and any regulatory fine.  Whilst litigation risk existed, it was generally felt that such losses would only be suffered in the context of a security […]