Legal Focus
Risk managing the UK’s failure to prevent fraud offence
Four ‘foundational’ steps can provide the backbone of a proportionate, risk-based framework
Insurers must prepare for the risk multiplier that is global supply chain disruption
As supply chains grow more complex and geopolitics more volatile, insurers face a surge in claims and legal challenges that cut across jurisdictions. Preparation now means anticipating where the next claims will arise, and how they will be resolved
Reasonable recovery and grip of peril considered in landmark rulings
Recent decisions of English courts have given helpful guidance on the steps assureds should take to mitigate losses, as well as giving clarity on the scope of the grip of peril doctrine
What the delay to the IMO’s Net-Zero Framework means for marine insurers
Insurers must be aware of how to support their insured clients in navigating the rapidly changing regulatory landscape and the transition to new fuels
MS Amlin court win sets major precedent for English contract law
Marine insurers entitled to rely on pay to be paid rule
Commercial Court decides principles of claiming interest in re/insurance disputes
In the recent case of Royal & Sun Alliance v Equitas, the Commercial Court considered in what respects interest might be recovered by insurers under their reinsurances
Mitigation in personal injury claims
Mitigation steps that a claimant is expected to take include seeking timely medical treatment, exploring alternative employment or retraining options, and avoiding incurring disproportionate or unreasonable expenses
The rise of ‘forever chemicals’ poses liability challenges for insurers
Insurers are increasingly scrutinising the PFAS liability landscape, and are likely to demand more robust disclosures, risk assessments, and evidence of mitigation
Insurers must assess exposure as commission models come under fire
The FCA’s probe into motor finance sales practices is sounding alarm bells across financial services and insurers, particularly those with products sold alongside car finance, should act now to assess exposure and strengthen oversight before the spotlight shifts further
In the age of AI, insurers are caught between efficiency gains and legal peril
Insurers that treat governance and legal strategy as integral to their AI efforts, rather than as afterthoughts, will be best positioned to succeed
Berne Financial Services Agreement creates opportunities for UK insurers in Switzerland
Comprehensive financial services treaty opens a new avenue for UK insurers to underwrite non-life insurance directly in Switzerland
Is silent AI a threat or an opportunity for insurers?
Losses that relate to AI might not fall naturally within or outside the scope of existing insurance cover, which could lead to unexpected exposures for both insurers and insureds alike
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