Insurance Law

Professional negligence

By Legal Week | July 23, 2009

PYV Legal, Camerons and Hailsham Chambers assess the increasingly risky outlook for professional negligence.

1 minute read

Professional negligence: 'Tis the season…

By Legal Week | July 23, 2009

The 2008 professional indemnity insurance (PII) renewal season came as a surprise for many legal firms. It was the first year for some time that premium rates went up. PII protects the insured and its clients against the cost of defending claims or paying damages if errors or omissions are made by the practice. Despite forecasts in previous years that cover would become more expensive, competition had continued to push rates down to unprofitable levels and solicitors became accustomed to paying ever-decreasing prices.

1 minute read

Professional negligence: Ahead of the game

By Legal Week | July 23, 2009

With the severity of the recession beginning to bite across the profession, law firms and their insurers are naturally concerned about the claims and losses that may be coming their way. This article looks at one of the areas under scrutiny: pensions.

1 minute read

Professional negligence: The quiet revolution

By Legal Week | July 23, 2009

Quietly changing third-party funding regulations have left a series of pitfalls for unwary solicitors. Jamie Carpenter reportsA quiet revolution has taken place in the law relating to third-party funding. Not so long ago, the idea of a party financing a claim in which it had no interest in return for a share of the proceeds would have been met with a cry of 'champerty', but under the banner of 'access to justice' parliament and the courts have, in recent years, opened the doors to forms of litigation funding which would have been unthinkable a generation ago.

1 minute read

John Rowland QC: What lies ahead for insurers who fail or refuse to pay a valid claim?

By Legal Week | July 23, 2009

Insurers and insurance lawyers will be familiar with the existing line of case law (beginning with The Italia Express) that establishes at Court of Appeal level (see Sprung v Royal Insurance) that, under English law, an insured is not entitled to recover as damages any consequential losses flowing from an insurer's failure or refusal to pay a valid claim. Currently, the only remedy for late (or non-) payment of the indemnity is the discretionary award of interest.

1 minute read

Former Burges Salmon head Stobart joins Kennedys as chief exec

By Legal Week | July 17, 2009

Burges Salmon's former managing partner Guy Stobart has joined Kennedys as chief executive. Stobart, who is set to join the insurance firm in September, will replace Ric Martin in the role. Martin will take up a new management position for the firm's Asian and Australasian offices.

1 minute read

The Judge goes east in Lockton tie-up

By Legal Week | July 16, 2009

Specialist after-the-event insurance broker The Judge has set up in Asia after entering into a partnership with international broker Lockton. The tie-up with one of the world's largest privately-owned brokers means The Judge will offer litigation insurance in Hong Kong and Singapore.

1 minute read

Pinsents/Salans alliance yields results with role on Hiscox TMT pilot scheme

By Legal Week | June 18, 2009

Pinsent Masons has won its first major mandate since launching a strategic alliance with Salans, with the law firm securing a role as sole adviser in a value billing pilot scheme for insurance giant Hiscox. The firm has been selected to take part in a 12-month pilot scheme that will see it take on all technology disputes work for Hiscox using alternative billing structures.

1 minute read

Law.com

Law.com Litigation Trendspotter: Boilerplate Policy Language Makes Auto Insurers Targets for Decades-Spanning Class Claims

By Zack Needles | October 5, 2021

Plaintiffs lawyers have been taking aim at what they allege are deceptive and decades-long practices by insurers to collect premiums for uninsured and underinsured motorist benefits that policyholders don't realize are virtually inaccessible.

7 minute read

Law.com

'The Coverage Is Worthless': New Mexico High Court's Ruling on UM/UIM Policies Clears Way for Class Action Against Insurers

By Allison Dunn | October 5, 2021

The New Mexico Supreme Court ruled Monday that insurance companies must adequately disclose limitations of minimum uninsured or underinsured motorist coverage. Otherwise, they may not charge a premium for it.

5 minute read

New York Law Journal

Late Notice and Disclaimer Clocks

By Julian D. Ehrlich | October 5, 2021

As reflected by numerous reported appellate cases, disputes involving late notice in the additional insured context remain robust.

7 minute read

National Law Journal

Restaurant's Bid for COVID-19 Insurance Coverage Faces Skepticism in 1st Circuit

By Avalon Zoppo | October 4, 2021

Lawyers for seafood chain Legal Sea Food faced skepticism in the U.S. Court of Appeals for the First Circuit during arguments over whether the company's insurer owes money to cover financial losses caused by the COVID-19 pandemic.

5 minute read

New York Law Journal

Insurance Law

By Angela Turturro | October 4, 2021

In this Special Report: "In New York, an Insured's Duty To Cooperate Has Limits," "Patchwork of Cybersecurity Regulations Creates Problems for Insurers," "Another 'Next Asbestos': Insurance Coverage Considerations for Benzene Liability," "Insurance Enforcement by the New York State DFS: Does a New Governor Signal a New Chapter?" and "Cyber Insurance Coverage for Breach of Privacy Claims: The Law Is Evolving."

1 minute read

New York Law Journal

Patchwork of Cybersecurity Regulations Creates Problems for Insurers

By Greg Mann | October 1, 2021

Insurers that issue policies across state lines will need to take steps to ensure compliance with varying cyber regulations.

6 minute read

New York Law Journal

In New York, an Insured's Duty To Cooperate Has Limits

By John Berringer and Lin Zheng | October 1, 2021

New York generally places a heavy burden on insurance companies to prove a failure to cooperate.

8 minute read

New York Law Journal

Another 'Next Asbestos': Insurance Coverage Considerations for Benzene Liability

By Jeffrey L. Schulman and Stephen Wah | October 1, 2021

Any liability approaching that of asbestos has equally significant insurance coverage ramifications. Benzene may be the newest "next asbestos."

7 minute read

Law.com

Another Federal Appeals Court Says COVID-19 Shutdown Orders Aren't Covered by Business Interruption Insurance

By Allison Dunn | September 23, 2021

The U.S. Court of Appeals for the Sixth Circuit has sided with insurers in the ongoing national debate over whether businesses should be entitled to coverage for lost income as a result of government shutdown orders during the pandemic.

5 minute read

The Legal Intelligencer

Reger Rizzo Pushes Bad Faith Suit Against Nationwide Into Fed Court

By ALM Staff | September 22, 2021

This suit was surfaced by Law.com Radar. Read the complaint here.

1 minute read