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Blogs

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


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: 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


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


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 


RPC: Mariana v BHP may expand scope of environmental group litigation

The much-anticipated Court of Appeal decision on a claim resulting from Brazil's worst environmental disaster could herald a new era for group litigation against multinationals in the English courts. Read the full article


RPC: The Fire Safety Act – An update

Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022. Read the full article here


RPC: 'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation

The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation. The new global plastics treaty has been heralded as the most important environmental accord since the Paris Agreement in 2015.

In the same way we have seen an uptick in climate related disputes since 2015, this tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.

Read the full article


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 


Colin Biggers & Paisley: Sydney Seaplanes wins jurisdictional appeal

Sydney Seaplanes Pty Ltd has successfully appealed to the New South Wales Court of Appeal to set aside the Supreme Court's orders, made under section 11 of the Federal Courts (State Jurisdiction) Act 1999 (NSW) (State Jurisdiction Act), to treat previously issued Federal Court proceedings as proceedings in the Supreme Court.  Read more


RPC: First English judgment on the ‘Duty of Fair Presentation’ under the Insurance Act 2015

Berkshire Assets (West London) Limited v AXA Insurance UK plc [2021] EWHC 2689 (Comm) High Court of Justice Queen’s BenchDivision Commercial Court. This judgment of the High Court Queen’s Bench Division provides a welcome analysis of how the courts will approach a policyholder’s breach of the ‘Duty of Fair Presentation’ under the Insurance Act 2015 (the ‘Act’). Read the full article here


Kennedy van der Laan: Global Warming is ‘hot’, yet not hot enough

We cannot turn a blind eye anymore. Global warming is a fact. The natural disasters that come with it and hit the world call for different policies apart from short-term measures. We observe that these developments will prompt insurers to consider seriously what current and future global warming means for their insured risks, such as storm and flooding.  Read the full article here.


Colin Biggers & Paisley: A recent update on Covid-related business interruption coverage

The Federal Court of Australia recently ruled that a group of insurance companies was not required to indemnify a claimant for losses incurred as a result of government imposed COVID-19 business restrictions.  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: COVID-19 death found to be work-related and compensable by NSW Personal Injury Commission

The decision in Sara v G & S Sara highlights significant cost to employers of work-related COVID-19 transmission.  On 10 August 2021, the New South Wales Personal Injury Commission found in Sara v G & S Sara Pty Ltd [2021] NSWPIC 286 that the estate of a deceased employee director who contracted COVID-19 during a work-related trip to the USA and died, was entitled to compensation for his death as he contracted COVID-19 in the course of his employment. Read more  


Publications

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

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.


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


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


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 announces seven senior promotions

Colin Biggers & Paisley is pleased to announce their latest round of promotions. Seven lawyers have been appointed to senior positions, six of those within the insurance team. Effective 1 January 2022, Patrick Cavanagh and Laura Tulloch have been promoted to special counsel, and Jack GoldingAmaya HettigeJustin LiangGabrielle Morris and Briarna Stiff have been promoted to senior associate. 


RPC hires international casualty partner to bolster capabilities

RPC has hired international casualty partner, Lucy Dyson, to join the firm's leading Insurance Group in London. Lucy joins RPC from DAC Beachcroft LLP, where she specialised in international casualty coverage and disputes. Lucy joins RPC on 21 July 2021.


Sixty-Seven Hinshaw Lawyers Recognized in 2022 Edition of Best Lawyers

Hinshaw & Culbertson LLP is pleased to announce that 41 of the firm's lawyers have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America. 26 of Hinshaw's lawyers have also been selected by their peers for inclusion in the 2022 edition of The Best Lawyers: Ones to Watch.


Miller Thomson recognized for social responsibility in 2021 Report on Business Best B2B Brands ranking

Miller Thomson has been ranked among Canada’s Best B2B Brands in the legal sector by The Globe and Mail Report on Business.


Hinshaw Partner Scott Seaman Named a 2021 Midwest Trailblazer by The American Lawyer

Scott Seaman Named a 2021 Midwest Trailblazer by The American Lawyer


Hinshaw Announces Election of Eleven New Partners In Seven U.S. Offices

inshaw & Culbertson LLP is pleased to announce the election of eleven attorneys as new partners, effective January 1, 2023. The new partners are based in seven Hinshaw offices across the country and represent a wide range of practice areas. Read more


Events

Save the date: Global Access Week - March 2023

Save the date for a week of seminars, panels and networking sessions with Global Access where we will be looking at the hot topics facing the insurance industry in 2023

Find out more


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


PUBLICATION

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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