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Blogs
RPC: Asbestos update: "implausible" deniability
The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible. Read more
Colin Biggers & Paisley: Federal Court of Australia clears Auto & General of unfair contract term
n 22 March 2024, the Federal Court of Australia handed down judgment in Australian Securities & Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272 finding that insurance contracts issued by Auto & General did not contain an unfair contract term.
Colin Biggers & Paisley: Construction is key: the Federal Court provides further guidance on administering claims made by D&C contractors under PI Policies
In recent years it has become increasingly common for developments to be carried out by building companies under design and construction (D&C) contracts where they do not perform work themselves and instead rely on consultants and subcontractors.
RPC: Unpacking the Building Safety Act's industry overhaul
On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.
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: 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.
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
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.
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
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.
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
Annual Insurance Review 2024
Global Access partners have come together to look at key claims developments in 2023 and what to expect in 2024. Read the review here
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.
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.
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.
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
The Best Lawyers in Canada recognizes 188 Miller Thomson lawyers in 2022 edition
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 2024
Between the 12-14 March the second annual Global Access Week took place at RPC's London office. The three day conference included 6 panel sessions focusing on some of the biggest issues facing the insurance market, AI & cyber, pfas and environmental litigation. IT also looked at some of the different perspectives towards litigation and coverage disputes.
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
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
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
