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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.
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.
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
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.
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.
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
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
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 Golding, Amaya Hettige, Justin Liang, Gabrielle Morris and Briarna Stiff have been promoted to senior associate.
RPC hires international casualty partner to bolster capabilities
Sixty-Seven Hinshaw Lawyers Recognized in 2022 Edition of Best Lawyers
Miller Thomson recognized for social responsibility in 2021 Report on Business Best B2B Brands ranking
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
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.
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".
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
