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Product law bulletin – May 2023

Published on 26 May 2023. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Mamata Dutta, Partner and Elinor Sidwell, Associate and Andrew Martin, Associate and Rashna Vaswani, Associate

• The spotlight's on product safety following the adoption of the General Product Safety Regulation (EU) and the UK Government's Round Table on online marketplaces • European Council adopts general approach for proposed EU Artificial Intelligence Act • Ford launches history making "hands-off, eyes on" car • Allergen update: more calls for stronger reporting and guidance • General Product Safety Regulations breaches • OPSS publish Product Regulation Strategy for 2022 – 2025

The Insurance Of War (With Bruce Carman)

Published on 23 May 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Bruce Carman, Founder and CUO of HIVE Underwriters. They will be discussing aviation war insurance.

How a Supreme Court ruling could cause surge in claims against directors

Published on 22 May 2023. By Ben Gold, Partner

Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency.

The Insurance Of Long-term Capital Risks (With Mary O'Connor)

Published on 10 May 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Mary O'Connor, CEO of Howden Capital Advisory (Howden CAP), and they will be discussing the Insurance of long term capital risks.

Consumer duty and claims handling – beware of sludge practices

Published on 10 May 2023. By Jonathan Charwat, Partner

The Consumer Duty is a new regulatory framework developed by the Financial Conduct Authority (FCA) aimed at creating a higher standard of consumer protection in the retail markets. The FCA expects the Consumer Duty to be a significant shift for the market in terms of its expectations on firms and in this blog we consider this shift in the context of insurance claims handling.

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

Published on 02 May 2023. By Laura Sponti, Associate

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. The recent case of Allianz Insurance plc v University of Exeter is therefore particularly interesting as the Court was asked to interpret this language and decide whether BI losses arising from the controlled detonation of a WWII bomb, discovered on nearby property were excluded from cover

Will An Insurance Robot Take My Job? (With James Benham)

Published on 25 Apr 2023.

In this episode Peter is joined by James Benham, CEO and co-founder of three insurtechs; SmartCompliance, Terra and JB Knowledge. He is also the co-host of the Insuretech Geek Podcast. In this episode they discuss the rise of artificial intelligence and the impact on the insurance industry.

How Insurance Shaped The Industrial Revolution (With Robin Pearson)

Published on 13 Apr 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Robin Pearson, Professor of Economic History at the University of Hull and they will be discussing insurance during the time of the Industrial Revolution.

The Month That Was – April 2023 – Pension drawdowns – the next FCA big concern?

Published on 12 Apr 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

A Look at Contingency Insurance (With Martin Lawson)

Published on 06 Apr 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Martin Lawson, Director and Head of Contingency at Dale Underwriting.

The Month That Was – March 2023 – the FCA's consumer duty of care – a new chapter for regulation?

Published on 31 Mar 2023.

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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

Published on 28 Mar 2023. By James Wickes, Partner and Oliver Knox, Partner and Jessica Pease, Associate

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.

The Week That Was - 17 March 2023

Published on 17 Mar 2023. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Law and jurisdiction in insurance and reinsurance contracts (Asia Pacific)

Published on 15 Mar 2023.

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

Published on 14 Mar 2023. By Lucy Dyson , Partner

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

The Role of the Chief Information Officer (With Darren Sharp)

Published on 06 Mar 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Darren Sharp, Chief Information Officer (CIO) at Tokio Marine Kiln, and we will be discussing what his role entails.

General Liability newsletter – February 2023

Published on 02 Mar 2023. By Gavin Reese, Partner, Head of Regulatory and Fiona Hahlo, Partner and Tom Butterfield, Associate

Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.

A matter of interpretation – the Supreme Court look at contractual interpretation once more

Published on 24 Feb 2023. By Poppy Hay, Associate and Laura Stocks, Partner

In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.

Your statement or mine? Witness statements under Practice Direction 57AC

Published on 23 Feb 2023. By Richard Seymour, Associate and Simy Khanna, Partner

The judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) has highlighted, in no less than 36 paragraphs on the matter, the importance of ensuring compliance and understanding of Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts ("PD 57AC"), when preparing witness statements.

Insuring The Metaverse (With Michael Brunero)

Published on 21 Feb 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Michael Brunero, Head of Tech, Media and IP at CFC Underwriting and in this episode we will be venturing into the Metaverse to discuss the applications of insurance.

Less is not always more in the context of commercial insurance clauses

Published on 20 Feb 2023. By Laura Sponti, Associate

The recent Court of Appeal judgment in Al Mana Lifestyle Trading LLC v United Fidelity Insurance Co PSC [2023] EWCA Civ 6 is a quick read on a relatively short point and serves as a useful recitation of the rules of interpretation in the context of insurance policy wordings.

The collapse of FTX: lessons for many

Published on 14 Feb 2023. By James Wickes, Partner and Matthew Wood, Senior Associate and Jessica Pease, Associate

From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

An Introduction To Cryptocurrency (with Nik Yeo)

Published on 13 Feb 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Nik Yeo, Barrister at Fountain Court Chambers. Nik has a particular speciality in tech disputes, including disputes involving cryptocurrencies which is the topic of this discussion.

SLAPPs – a round up of the latest developments for the SRA

Published on 02 Feb 2023. By Graham Reid, Partner and Charlotte Thompson, Associate

The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.

The scope of a solicitor's duty to third parties in the spotlight again

Published on 26 Jan 2023. By Michelle Peacock, Associate and Rhian Howell, Partner & Head of Office, Bristol

The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.

Climate Activism and Insurance (With Peter Bosshard)

Published on 17 Jan 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Peter Bosshard, Director of The Sunrise Project and Global co-ordinator of Insure Our Future. In this episode they discuss climate activism in the insurance industry.

Waiver of a solicitor’s equitable lien: Candey Ltd v Russell Crumpler and another

Published on 16 Jan 2023. By Nick Bird, Partner and Laura Stocks, Partner and Cheryl Laird, Senior Associate (Scottish Qualified)

The Supreme Court has considered the circumstances in which a solicitor may waive or surrender their lien.

The 1906 San Francisco Earthquake (With Meredith Brasher)

Published on 03 Jan 2023.

Welcome to season 4 of Insurance Covered! The podcast that covers everything insurance. We are kicking off this year looking at the 1906 San Francisco Earthquake, with guest Meredith Brasher, host of the Insurance vs history podcast.

It's a Wonderful Life, Insurance

Published on 20 Dec 2022. By Peter Mansfield, Partner

A swollen river rages through the town of Bedford Falls. It is Christmas Eve and, looking down upon the torrent, shivering on a bridge, is a woman, distraught and wounded by life's cruelties. She prepares to step over the railing. Her name is Insurance.

The confusing world of insurance jargon (With Ed Gaze)

Published on 19 Dec 2022.

Welcome to the final episode of Season 3 of Insurance Covered. As season 3 comes to a close we look to end on a high note. Peter is joined by returning guest Ed Gaze, CEO and founder of IRL, a platform to help launch new InsurTech's.

A look at The London Market Group (With Caroline Wagstaff)

Published on 08 Dec 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Caroline Wagstaff CEO of the London Market Group, which is the topic they will be discussing.

Insurance of the gig economy (With Janthana Kaenprakhamroy)

Published on 23 Nov 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Janthana Kaenprakhamroy, CEO of Tapoly, an award winning insurtech that provides commercial insurance to small businesses operating in the gig economy, which is what they discuss today.

Insurers face claims threat from pension fund LDI crisis

Published on 08 Nov 2022. By Rachael Healey, Partner

The events of the past few weeks are likely to result in claims and/or pressure on commercial relationships, particularly when pension schemes conduct their triennial valuations and agree new deficit reduction plans with employers.

A look at warranty and indemnity insurance (With Angus Marshall)

Published on 08 Nov 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Angus Marshall, Head of Transaction Liability at CFC Underwriting, and they will be discussing warranty and indemnity insurance.

Lien won't circumvent disclosure obligations

Published on 28 Oct 2022. By Anna Murley, Senior Associate

In Mr David Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) the Court confirmed that solicitors cannot assert a lien so as to modify disclosure obligations under the Civil Procedure Rules in a claim for professional negligence.

A-Z of Insurance

Published on 26 Oct 2022. By Peter Mansfield, Partner

Insurance plays a role in almost every aspect of life. For most, it is simply a policy that protects their car and home, but there is so much more to it than that. Peter Mansfield takes us on a whistlestop tour through insurance history as he gives us his A-Z of insurance.

A look at cargo insurance (With Chris McGill)

Published on 14 Oct 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Chris McGill, Head of Cargo at Ascot Group and Active Underwriter for Parsyl Syndicate 1796. They will be discussing cargo insurance and some of the recent work Chris has been involved in.

Cyber Insurance: Next stop, LATAM

Published on 12 Oct 2022. By Richard Breavington, Partner

This year BEC and ransomware top the list of cyber incidents around the world, taking an estimated 70% of the total incident response cases.

Are pension fund trustees at risk of legal action following UK gilts’ meltdown?

Published on 07 Oct 2022. By Rachael Healey, Partner

Are pension fund trustees conducting liability-driven investing at risk of legal action following the volatility in the UK gilt market?

Bates v Hewitt: the Duty of Utmost Good Faith - Part 2 (With Professor Robert Merkin KC)

Published on 03 Oct 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. This is the second of our two part series looking at Carter v Boehm and the duty of utmost good faith. For this episode Peter is joined by Professor Robert Merkin.

The SRA's proposals for the use of its new fining powers

Published on 29 Sep 2022. By Graham Reid, Partner and Shanice Holder, Associate

The SRA has recently acquired increased fining powers (with effect from July 2022). They are currently consulting on their new approach to imposing financial penalties on regulated firms and individuals.

(Establishing a) Line of duty – Miller v Irwin Mitchell

Published on 27 Sep 2022. By Jo Makin, Senior Associate and Claire Revell, Partner

The recent decision in the High Court case of Miller v Irwin Mitchell (2022) EWHC 2252 (Ch) has provided a helpful guide to the often complex question of when a duty of care either in contract or tort arises – a question that often arises in professional negligence claims against solicitors.

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

Published on 26 Sep 2022. By Simon Laird, Global Head of Insurance

Lloyd’s chairman Bruce Carnegie-Brown has said the (re)insurance sector could better utilise its role as an institutional investor to support green growth in the global economy but said regulatory changes will be needed if it is to use its assets to their full potential.

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

Published on 26 Sep 2022. By Simon Laird, Global Head of Insurance

Too heavy a focus on national net-zero strategies and a lack of transparency around how global environmental goals are to be achieved could lead to a spike in emissions, Canada’s former prime minister Stephen Harper has warned, adding that existing targets are “unachievable” in their current form.

Carnegie-Brown offers olive branch to eco-activists

Published on 22 Sep 2022. By Simon Laird, Global Head of Insurance

Lloyd’s chairman Bruce Carnegie-Brown has offered an olive branch to the environmental activists who disrupted the near-350-year-old market this year, declaring that he shares their aim of managing the risks from global warming and admires their determination to drive change.

Insurers must “speak truth to power” on climate change: Canada’s former PM Harper

Published on 22 Sep 2022. By Simon Laird, Global Head of Insurance

Canada’s former prime minister has said the global (re)insurance industry has a critical role in speaking “truth to power” when it comes to tackling the impact of climate change because of its investment in data, models and analytics to understand cat risk.

Carter v Boehm: the Duty of Utmost Good Faith - Part 1 (With Iain Anderson)

Published on 13 Sep 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In the first of a two part series Peter is joined by fellow RPC Partner Iain Anderson, and they discuss the origins of the duty of utmost good faith and the case of Carter v Boehm.

The benefits of long-term thinking (With Klisman Murati)

Published on 31 Aug 2022.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Klisman Murati, Founder & CEO -of Pareto Economics, we discuss the benefits of long term thinking on a global scale.

MOJ plans to impose compulsory mediation for all County Court claims

Published on 30 Aug 2022. By Aimee Talbot, Knowledge Lawyer and Kirstie Pike, Partner

The Ministry of Justice has announced plans to impose compulsory mediation (currently a 1-hour telephone call) in small claims and, eventually, in all County Court claims. The MOJ is also considering how the civil mediation market should be regulated. We explain and critique the current proposals and encourage lawyers, their insurers and brokers to provide feedback to the MOJ.

Risks remain after Law Society guidance on solicitors' undertakings

Published on 30 Aug 2022. By Daniel Charity, Associate and Claire Revell, Partner

As solicitors, we are taught from an early stage in our careers that the word "undertaking" should set alarm bells ringing. When an undertaking is mentioned, we are often encouraged to refer it to a supervisor and / or the Risk team. It is true that giving or receiving an undertaking can be fraught with risk – but this is also true of many other aspects of a solicitor's retainer. Why, then, do solicitors need to treat this area with particular caution?