Legal Focus
Insurers must prepare for UK’s Crime and Policing Act 2026
Companies that move quickly to strengthen governance, monitoring and accountability frameworks will be better placed to reduce their exposure to criminal liability
AI washing represents a new frontier for D&O risk
Securities class actions, flowing from allegations of AI washing, are expensive to defend, and the costs can mount long before the merits are tested
Covid‑19 exclusions in claims‑made policies
High Court in South Africa clarifies the operation of claims-made policies and underscores the critical importance of timeous notification
Fuel leaks and strict liability
Privy Council decision highlights the potential for increased exposure for businesses and their liability insurers in claims involving dangerous substance escapes
PRA takes action on funded reinsurance
Regulators are taking a growing interest in the relationship between private credit and funded reinsurance
What rebuilding nuclear power means for UK insurers
While the next generation of nuclear power offers significant growth opportunities, it also introduces a new generation of risks that require careful calibration of policy wordings, aggregation management and capital deployment
Offshore wind, insurance and the cost of failure
Although there is clear appetite within the insurance market, capacity remains limited and constraints on insurability are inevitable for complex and rapidly developing technologies
Insurance implications of infectious disease outbreaks at sea
Infectious disease outbreaks at sea are multi-dimensional risk events requiring coordinated legal, regulatory and insurance responses
Litigation funding is a useful tool for insureds that insurers must remain alive to
The distinction between litigation assignment and traditional funding is essential for effective management of commercial disputes and litigation risk
High Court clarifies aggregation of Covid-19 losses at reinsurance level
English courts are favouring reinsureds by taking wide construction approach to the aggregation of Covid-19 losses
Law Commission review signals possible expansion of the opt-out class action regime
Introduction of a new consumer class action regime in England and Wales could increase litigation risk significantly for businesses and their insurers
Construction guarantees are subject to the South African Insurance Act
South African court ruling settles long-contested question about whether construction guarantees constitute non-life insurance policies
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