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Blogs

RPC: Wordings do matter

As a practice, the preparation of insurance contracts — or policy wordings as they are typically referred to — is under the heat of the industry's spotlight.

This article explores why these contracts are set apart because of the regulatory landscape in which they operate, who gets to decide what "good" looks like, and why lawyers working on them need to have their eyes up and commercial antenna switched to receive for the new zeitgeist — particularly following the implementation of the consumer duty by the Financial Conduct Authority on July 31.

Read more


CBP: Cyber Security Awareness Month 2023

October is Cyber Security Awareness month, an annual reminder for all Australians to stay secure online. The theme for 2023 is 'Be cyber wise - don't compromise'. Cyber events in Australia have increased by 13% this year and we expect they will continue to rise. It is important businesses and individuals ensure they take the necessary steps to protect their data from a cyber attack. Read more


Hinshaw: Scott Seaman Discusses Insurance Coverage for Back-to-School Hazing Events

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—was recently quoted in a Law360 Insurance Authority article titled, "Coverage for Hazing Events Hinges on Intent, Experts Say." The subject of hazing grabbed headlines earlier this summer following reports of hazing allegations involving the Northwestern University football program. Read more


RPC: Are settlements covered under liability policies if not consented to by the insurer?

In the recent case of Technip Saudi Arabia Limited v The Mediterranean and Gulf Cooperative Insurance and Reinsurance Company [2023] EWHC 1859 (Comm), the English High Court (Jacobs J) considered this very question. Read more


CBP: The case of Poralu Marine Australia Pty Ltd v MV Dijksgracht [2022] FCA 1038: Regimes Governing the International Carriage of Goods by Sea

If ever a case could be held up as showing the disuniformity and the international chaos in the regulation of international shipping in the carriage of goods by sea, the case of Poralu Marine Australia Pty Ltd v MV Dijksgracht [2022] FCA 1038 is it. It exemplifies the unnecessary expense that the parties to cargo litigation are being put through because of the lack of uniformity in the area of cargo litigation. Read more


CBP: Lack of evidence due to passage of time leads to permanent stay of historical abuse claim

A permanent stay of proceedings in a historic abuse claim has been ordered by the Supreme Court of Queensland in DJW v State of Queensland [2023] QSC 138. Read more


CBP: Digital Governance Quarterly Roundup - August 2023

Welcome to the sixth issue of our quarterly Digital Governance newsletter. We have included our usual roundup of recent digital governance news and developments in Australia and around the world. Read more


Miller Thomson: British Columbia Supreme Court emphasizes the importance of contextual assessment when assessing privacy risks associated with information access requests

In Airbnb Ireland UC v Vancouver (City), 2023 BCSC 1137, the British Columbia Supreme Court (the “Court”) highlighted the privacy implications for companies and other parties who provide information to public bodies. Read more 


RPC: The Future Of Flooding

In this episode of our insurance podcast we discuss the future of flooding and the impact and role insurance will play. Listen here


CBP: Vicarious liability not extended in shared staff accommodation incident

In brief - the High Court has allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland, holding that vicarious liability did not extend to the circumstances. Read more


Hinshaw: Scott Seaman and Jennifer Arnold Discuss the Impact of a Potential Surge in PFAS Claims on the Insurance Industry

in this article we look at the background of per- and polyfluoroalkyl substances (PFAS) litigation, PFAS coverage issues, and exclusions that may bar or limit coverage for particular claims. Read more


CBP: Crystal balls, buffers and intuition - assessing future losses in personal injury cases involving children

In brief - Recent decision in the NSW Court of Appeal demonstrates the Court's approach to assessment of damages for future economic loss for loss of earning capacity in the case of young children. Read more


RPC: Fix up, look sharp: FRC update

Our article "What the Fix?!", published on 15 May 2023, gave a high level overview of the new Fixed Recoverable Costs (FRC) rules published in draft by the Civil Procedure Rules Committee.   We set out below the latest FRC news and our predictions and concerns regarding the new regime. Read more


Colin Biggers & Paisley: To set aside or not to set aside, that is the question

The introduction of Part 1C of the Civil Liability Act 2002 (NSW) (CLA) enables courts to set aside "affected agreements" in previously settled child abuse claims where it is "just and reasonable" to do so. This article discusses the new powers bestowed upon various judiciaries in Australia to set aside settlement agreements in civil child abuse claims, with a focus on legislative amendments in New South Wales (NSW). Read more


RPC: What’s next for PFAS litigation?

This article was first published by ESG Insurer

Litigation concerning per- and polyfluoroalkyl substances (PFAS), or “forever chemicals”, continues to gain traction, both outside the US and against manufacturers that incorporate them into their products.

The persistent nature of these chemicals and their potential harmful effects on human health and the environment are becoming more widely known and we are seeing an increase in PFAS-related claims in Europe and elsewhere in the world.

Read more


RPC: Crypto: issues for solicitors and their PI insurers

We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider. Read more


Miller Thomson: AI poses new threats to cybersecurity: How Canadian boards can navigate the evolving cyber risk landscape to stay ahead of the curve

The cybersecurity threat landscape is currently at a time when new threats are continuing to emerge, not the least of which are risks related to the use of artificial intelligence (AI), specifically generative AI. Read more


Kennedy Van der Laan: In 2030, the court will look at what you did in 2023 against climate change

The battle against climate change is topping the agendas of boardrooms, while legislators are not succeeding in creating clear standards for the business community to achieve the Dutch climate ambitions. Read more


Hinshaw: Confronting the Triple Threat of Social Inflation, Economic Inflation, and Greenflation

On this episode of Hinshaw Insurance Law TV, Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—discusses the impact and driving factors of social inflation and strategies to confront it. Watch here


Colin Biggers & Paisley: Navigating revisit claims and preserving legal privilege

Recent changes to the Limitations of Actions Act 1958 (Vic) permit plaintiffs, in certain circumstances, to apply for a previous settlement or judgment to be set aside - a revisit claim. This article looks at a question that often arises for defendants in responding to a revisit claim where the plaintiff seeks to set aside a previous settlement deed, as to whether the defendant's legal privilege is maintained if a Deed of Release is relied upon. Read more


RPC: Beware unexploded bombs, proximate causes and …. the unintended consequences of adding clarity

It is not that often that the standard UK market War Exclusion, language which for decades has sat materially unchanged, is the basis of a declinature by insurers. Read more


Colin Biggers & Paisley: The value of forensic accountants in litigation

Forensic accountants are qualified accountants highly skilled in analysing, interpreting and presenting financial information for the purpose of court proceedings. This article summarises the role of forensic accountants and some of the key considerations when instructing them. Read more


RPC: Silicon Valley, Signature and Credit Suisse: what do they all share(holder) in common?

In what has been termed "the biggest banking crisis since 2008", both Silicon Valley Bank (SVB) and Signature Bank have collapsed, and Credit Suisse has been rescued. Whether more banks are to follow suit is yet to be seen. Read more


Directors warned ESG litigation set to snowball

Environmental, social and governance (ESG) concerns are now a business imperative for UK companies as British courts tackle a rising tide of legal actions concerning corporate approaches to ESG issues. Read more


Hinshaw: Bessie Daschbach and Scott Seaman Discuss Insurance Implications of a Proposed Anti-ESG Bill in Texas

Hinshaw partners Bessie Daschbach and Scott Seaman discussed in Law360 Insurance Authority how recent legislative efforts in Texas that would prevent insurance companies from adopting shareholder proposals with environmental, social, and governance (ESG) initiatives could impact the insurance industry. Read more


Miller Thomson: Two insurers, a mutual policyholder, and the duty to defend

In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a duty to defend a mutual policy holder in a progressive property damage claim.”. Read more    


RPC: The English courts are emerging as a "hotspot" for environmental and ESG-related claims

Insurers can expect to continue to see an uptick in environmental and mass tort group litigation in the English courts and elsewhere in Europe, against the backdrop of climate change-related, plastics and other environmental risks. Read more


Hinshaw: Scott Seaman Discusses Top Insurance Cases to Watch in the Second Half of 2021 With Law360

Scott Seaman, the Chicago-based co-chair of Hinshaw's global Insurance Services Practice Group, discussed with Law360 several of the potentially most impactful insurance cases being heard in courts in the second half of the year.


Colin Biggers & Paisley: Calm before the storm - will District Court Amendment Act 2022 mean a new year influx of insurance claims?

Effects of the increase to the District Court's jurisdictional limits may include a surge in filings from the commencement date and a rise in both volume and value of insurance claims. Read the full article here


Hinshaw: Scott Seaman Discusses Ohio Supreme Court Ruling in Cyberattack Coverage Case

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—discussed with Law360 a recent Ohio Supreme Court' decision that held a medical billing company does not have qualify for coverage for a ransomware attack under a property policy. Seaman said he expects similar cyberattack coverage disputes to continue. Read full article here


RPC: Insurers face claims threat from pension fund LDI crisis

UK pension scheme managers and their insurers could face claims over their use of liability-driven investment strategies following the turbulence caused by Liz Truss's mini-budget. Read the full article here


Hinshaw: The Top General Liability Cases of 2022 and Cases to Watch in 2023

Scott Seaman discusses both the most influential general liability rulings of 2022 and cases to watch in 2023. Read the full article here


A fireside chat on climate change: Bruce Carnegie-Brown and Rt. Hon Stephen Harper

In a wide ranging discussion at RPC's London office, Lloyd's Chairman Bruce Carnegie-Brown joined Rt. Hon Stephen Harper, the 22nd Prime Minister of Canada to discuss climate change and the role insurance can play. 

The session was covered by The Insurer who have produced a series of articles, you can click the links below to access them:

Article 1: Carnegie-Brown offers olive branch to eco-activists

Article 2: Insurers must “speak truth to power” on climate change

Article 3: Canada’s Harper: Net-zero by 2050 virtually “unachievable” at current pace of change

Article 4: Carnegie-Brown: Sector not yet fully utilising green investment potential


RPC: Municipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts

Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP.

This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. 

Read the full article here


Colin Biggers & Paisley: Is an apology an admission of liability?

Under Part 10 of the Civil Liability Act, institutions in New South Wales involved in civil and redress claims are afforded protection and can apologise to abuse survivors without the apology being considered an admission of liability in the context of civil proceedings. Read the full article here 


Hinshaw: Scott Seaman Discusses Upcoming California Supreme Court COVID-19 Coverage Appeal Case

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's global Insurance Services Practice Group—discussed with Law360 a COVID-19 coverage appeal case set to be decided by the California Supreme Court. Read more


Kennedy Van der Laan: Directive on Corporate Governance Sustainability Proposed

On 23 February 2022, the European Commission published its proposal for the Directive on Corporate Sustainability Due Diligence (hereinafter to be referred as the “Directive”).

This proposed Directive will have great impact on the way in which companies have to commit themselves to the compliance with human rights and the prevention of climate damage. Read the full article here 


HMN: The duty of vigilance and its impact on insurance RCMS: the end without the means

HMN lawyers Eleonora Sorribes and Marie Hassan penned an article for La Tribune de l'assurance. Copies can be found here in French and English


Publications

Social Inflation Survivor Guide

The Dangerous Triple Barrel Threat of Social Inflation, Economic Inflation, and Greenflation in a Judicial Environment Swarming With Reptiles and Raining Nuclear Verdicts Read here


COVERED: Insurance regulation – Asia edition

A comprehensive overview of the latest insurance regulatory developments in the APAC region. Read more 


Annual Insurance Review 2023

Global Access partners have come together to look at key claims developments in 2022 and what to expect in 2023. Read the review here 


Taming Plaintiffs' Thriving 'Reptile' Tactics

In this multi article series Hinshaw's Scott  Seaman and Diane Webster discuss reptile theory  tactics being used by plaintiffs counsel 

Read part 1: Taming Plaintiffs' Thriving 'Reptile' Tactics: Why it's time

Read part 2: Taming Plaintiffs' Thriving 'Reptile' Tactics: How to start


Insurers are confronting the combined forces of price level inflation, social inflation & 'greenflation'

Insurers and their corporate policyholders have been confronting social inflation since the 1970s. Social inflation, which is the increasing cost of defending and resolving claims, had been raging on—with various ebbs and flows—until the court closures and delays associated with the COVID-19 pandemic provided a temporary abatement in 2020. Since emerging from pandemic-related shutdowns and court closures, insurers and their corporate policyholders have confronted something they have not encountered previously to any significant extent—social inflation coupled with substantial price level inflation.  Read the full article here


The State Of COVID-19 Coverage Litigation In The United States

Insurers are prevailing in coverage cases, but COVID-19 is still contributing to social inflation. Read the full article 


Traumatic brain injury claims: an international overview

Whether by sport, by transportation, by work or by simple accident in the home, traumatic brain injury claims are rapidly evolving into more commonplace claims involving insurers around the world.

Read the full article here


Singapore: Trends & Developments - Chambers global practice guide

The COVID-19 pandemic has had a major impact on almost all economic sectors, and the insurance industry in Singapore is no exception. While there have been numerous challenges as a result of the pandemic, there has also  been new business opportunities presented insurers. This article will consider some of the main commercial and growth factors, and legal and regulatory developments, impacting the Singapore insurance industry, and likely trends to follow in the short-term future. Read the article here


RPC and Global Access launch their 2022 Annual Insurance Review

In the 2022 edition of the review, we look at claims trends impacting insurers across the globe from 2021 and a look ahead to what we expect to see in 2022. You can read the full report here.


Social inflation: the only way is up?

With social inflation threatening to spiral ever higher in the US, could UK carriers see the cost of claims follow a similar trajectory? Read the full article here


COVID-19: and business interruption

In the wake of the government lockdowns across the globe and as restrictions begin to be eased in some countries, Global Access firms have come together to swap notes on some of the key legislative developments to date in their respective jurisdictions and any recent cases of interest. Read the full article here


COVID-19: A bumpy road ahead for D&O

Globally, insurers are waiting to see how COVID-19 related exposures will impact their respective D&O books. Global Access firms have come together to discuss the possible D&O exposures in their respective jurisdictions and how they envisage insurers might act in response. Read the full article here


News

Hinshaw Receives Recognition in 2024 "Best Law Firms" Directory

The firm received 11 national tier rankings in Appellate Practice, Construction Law, Insurance Law, Mass Tort Litigation / Class Actions – Defendants, Commercial Litigation, Criminal Defense: White-Collar, Health Care Law, Litigation – Construction, Litigation – ERISA, Real Estate Law, and Employee Benefits (ERISA) Law.

The firm also received 47 metropolitan practice rankings in 13 locations.


CBP: Colin Biggers & Paisley's insurance practice continues growth trajectory

Colin Biggers & Paisley's Melbourne insurance team continues to grow, welcoming three new lawyers within the financial lines practice - special counsel Shehan Gunatunga, senior associate Zaid Mohammed and solicitor Lily Connell. The trio's appointment is part of the practice's commitment to building capability to meet clients' needs and adapt to the changing insurance industry. 


Kennedy Van der Laan appoints Marit van der Pool as partner

Marit van der Pool has been appointed partner at Kennedy Van der Laan, effective September 1, 2023. She has been working at the law firm since 2010 and is part of the Insurance & Liability team.

Marit's practice focuses on professional liability, directors' liability, and insurance law. She assists clients in civil and disciplinary proceedings and advises on coverage issues, insurance contracts and policy conditions. Van der Pool has been involved in several major (international) coverage cases, such as the settlement of the Fortis shareholder claim and the disputes concerning the insurance of Imtech's directors and supervisory directors.

Read more


CBP: Brisbane insurance team growth signals a thriving future for Colin Biggers & Paisley in Queensland

Colin Biggers & Paisley's insurance team in Brisbane continues its expansion with five new appointments, including special counsel George Williams who has re-joined the practice. Solicitor Alice Elliott and paralegals Jordon Baillie, Aidan O'Callaghan and Georgia Williams have also been welcomed. Read more


Expansion of the Brisbane insurance team heralds a new era for Colin Biggers & Paisley in Queensland

Colin Biggers & Paisley's Brisbane insurance team is set to flourish after the promotions of Patrick Cavanagh and Georgina Wong to partner and the arrival of senior associate Alexandra King

This senior growth, now with the combined expertise of a three partner practice spanning multiple lines of business, sees a significant bolstering of the team's capabilities in Queensland, and creates new opportunities and capacity to serve the insurance sector.  Read more


Kennedy Van der Laan appoints Rosalie Brand as partner in their cyber security team

Rosalie Brand has been appointed partner cyber security at Kennedy Van der Laan. Her appointment underlines the law firm’s focus on cyber security and data protection, a field where Kennedy Van der Laan has been at the forefront since its founding 30 years ago. Read more


Colin Biggers & Paisley's expertise recognised by Best Lawyers

59 lawyers from national legal practice Colin Biggers & Paisley have been recognised in the 16th edition of The Best Lawyers in Australia Awards and in the second edition of Best Lawyers: Ones to Watch in Australia across 17 disciplines. Read more


Kennedy Van der Laan: Chambers and Partners Europe Rankings 2023

In the latest Chambers & Partners rankings we are delighted to have once again been commended for our service across a number of areas. Read more


Colin Biggers & Paisley recognised in Chambers and Partners Asia-Pacific 2023 rankings

Colin Biggers & Paisley is delighted to announce that a number of its practice groups and lawyers have been recognised in the Chambers Asia-Pacific 2023 rankings. Read more


RPC ranked by Chambers and Partners for Insurance in Latin America 2023 edition

RPC has been ranked for Insurance (International Counsel) by Chambers and Partners within their 2023 Latin America guide which notes "RPC has a well-rounded team with a variety of skills and abilities. They enjoy excellent knowledge of the Latin American portfolio and the complexities of the region." Read more


Hinshaw Adds Insurance Partner in New Jersey

Hinshaw & Culbertson LLP today announced that April T. Villaverde has joined the firm as a partner in the firm's global Insurance Services Practice Group in the Edison, New Jersey office.


Colin Biggers & Paisley continues to strengthen its national insurance practice with senior promotions and appointments in Sydney and Brisbane

Colin Biggers & Paisley is reinforcing its commitment to providing clients with specialist insurance offering with the recent promotions and appointments across its national institutional risk and liability team. Sydney based Mathisha Panagoda and Brisbane based Georgina Wong were both promoted to partner in January 2023, followed by the appointment of special counsel Bianca Wallace in February 2023. Read more


Kennedy Van der Laan rank Tier 1 for Insurance in the 2022 edition of the Legal 500

We are proud to present the results of the latest Legal 500 directories.  with 5 practice areas including insurance being given the highest ranking. 

Read more


RPC announces sponsorship of 50 Over Fifty project celebrating women in insurance

International law firm RPC is supporting a bold initiative challenging age and gender bias by celebrating the positive contribution of women over 50 in the UK insurance industry.


Trio of Hinshaw partners Recognised in 2022 International Who's Who Legal

Hinshaw Partners Ronald Kammer, Scott Seaman, and Ian Wagreich Recognized in 2022 International Who's Who Legal

Read more


The Best Lawyers in Canada recognizes 188 Miller Thomson lawyers in 2022 edition

The Best Lawyers in Canada has just released its fourteenth edition, in which 188 Miller Thomson lawyers from across the country are recognized for their expertise in 52 areas of law. The list includes 15 insurance law specialists 


Colin Biggers & Paisley recognised in Legal 500 Asia Pacific 2022 rankings

Colin Biggers & Paisley is pleased to announce that The Legal 500 Asia Pacific 2022 has recognised the practice's expertise in 13 practice areas. Read more


Covid civil unrest, claims arising from the SDLT holiday and emerging trends in class actions – the major issues set to impact insurers in 2022

Civil unrest in response to lockdowns, claims arising from the Stamp Duty holiday and emerging trends in class actions are just three of the major issues facing insurers in 2022, according to the latest Annual Insurance Review from international law firm RPC. Read more 


Colin Biggers & Paisley recognised in Chambers and Partners Asia-Pacific 2022 rankings

Colin Biggers & Paisley is pleased to announce that a number of its practice groups and lawyers have been recognised in the Chambers Asia-Pacific 2022 rankings. Read more


Events

Global Access Week - March 2023

We recently held our inaugural Global Access Week in London, where we had a week of engaging seminars, panel sessions, one to one meetings ending with a drinks reception at The Ned. 

Some highlights and coverage of the events:

Companies at risk of legal action amid likely PFAS clampdown, warn lawyers

D&O insurers must prepare for ESG-related claims as disclosures increase

Lack of data raises concern around how to define emerging risks

Directors warned ESG litigation set to snowball


Class Actions: A global perspective

In October 2022, RPC, Colin Biggers & Paisley and Kennedy Van der Laan met in London to deliver a talk discussing recent class action trends in their jurisdictions.

You can access the slides here

 


HMN Partners speak at Paris International Underwriters Association conference on class actions

On 21 October 2021, Juliette Vogel, partner, and Nicolas Chaumier, of counsel, spoke at a conference organised by Paris International Underwriters Association for its insurance and reinsurance company members, the topic of the conference was Class actions in France and Europe and their impact on the insurance and Reinsurance industry.

Read more


HMN partners speak at climate change conference

On 5 October 2021, HMN & Partners’ managing partner Simon Ndiaye and partner Sarah Xerri-Hanote participated in a conference organised by the Association of International Underwriters of Paris.  The theme of the conference was "Climate litigation: a new challenge for insurance liability".

Read more


Global Access Lawyers Webinar Series - Cyber - 12th May recording

RPC and HMN Partners have a common experience in dealing with data breaches and the liabilities that can follow both in the UK and France respectively. In this session, we compare notes as to the latest types of cyber incidents, the momentum towards data subject litigation and how insurance markets are responding. For a recording of this session please email us


Global Access Lawyers Webinar Series - FI D&O - 18th May recording

Please attend any one or all of our Global Access Lawyers webinars on Tuesday 18 May. We will be discussing current issues in securities class actions and claims attaching to D&O policies. The sessions are split into three geographical zones and are delivered by leading D&O experts from pre-eminent insurance law practices in Australia, Hong Kong, Singapore, the UK, France, the Netherlands, the US, Canada and Israel. For a recording of this session please email us


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Getting to know: Your Global Access partners

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Social inflation: Survival Guide

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COVERED: Insurance regulation - Asia edition

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Annual Insurance review 2023: global claims trends

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Traumatic brain injury claims: A global PERSPECTIVE

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The State Of COVID-19 Coverage Litigation In The United States

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Social inflation: The only way is up - or is it? 

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CoroNavirus: Business interruption update

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