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August 2007In-sure
This month's roundup of developments affecting the insurance industry sees the European Commission's draft Directive for Solvency II and its call for further advice from CEIOPS. Also in this issue, the HM Treasury consults on the implementation of the Reinsurance Directive.
Insurance Claims could top £3bn
Insurers face more than £3bn of claims from the floods in June and July, forcing up the cost of insurance and raising questions about its availability, analysts have warned. The Association of British Insurers said it had received 8,000 claims from the flooding over the past 72 hours. Its initial estimate of the insurance losses from the deluge over recent days is £500m, taking total claims from the summer flooding to at least £2bn.
Download (pdf)
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DLA Piper Reinsurance Bulletin July 2007 |
July 2007
DLA Piper Reinsurance Bulletin July 2007
This monthly publication covers current issues, recent legal developments and court judgements relevant to the insurance and reinsurance industry.
In this issue:
- We look at developments in relation to the EU reinsurance, the proposed new Lloyd's Act, Solvency II and proposed legislation in Australia.
- We highlight some of the ways in which the Law Commission's consultation paper on Insurance Contract Law moves on from its previous issues papers.
Case notes
- Brokers' duties: Acting for insured and reinsured in HIH v JLT.
- Arbitration: Jurisdiction issues considered in C v D.
- Reinsurance ceding commission: Some points as to evidence arising in UIC Ltd v Aon.
Download (pdf)
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July 2007
The devil in the details? The great significance of the jurisdiction
and choice of law of a contract
Choosing the jurisdiction and applicable law for disputes
arising out of an insurance or reinsurance contract may be secondary
to sorting out the actual terms of cover, but the importance of the choice
should not be under-estimated. A good lesson in the different approaches
of even mainstream insurance jurisdictions can be had by looking at the
experience of the insurers embroiled in the film finance saga, which
has kept banks, insurers, reinsurers and the courts worldwide busy for
the last seven years.
Download (pdf)
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Helix Newsletter Issue 14 |
July 2007
News from Helix
Helix supports AIRROC with the "London Market Update" event, Thursday 26 July, New York.
Also, A View From The US , Staff Profile, Training Update, "Mass Torts Are Big Business" and Market News.
Download (pdf)
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July 2007
In-sure : this month's roundup of developments affecting the insurance industry includes the proposals to modernise the governance arrangement for Lloyd's and the Discrimination Law Review.
Regular features include Market Round Up, General Legal Issues, Regulatory Developments, Corporate News and Case Summaries.
Download (pdf)
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DLA Piper Reinsurance Bulletin June 2007 |
June 2007
DLA Piper Reinsurance Bulletin June 2007
This monthly publication covers current issues, recent legal developments and court judgements relevant to the insurance and reinsurance industry.
In this issue:
Jeremy Irving highlights issues arising from the Companies Act 2006 for reinsurers;
A look at developments in German reinsurance, contract certainty and climate change issues;
Peter Rashleigh of DLA Phillips Fox reviews a case dealing with double insurance in Australia.
Case Notes
Lloyd's of London: Alleged perjury in Jaffray v Lloyd's.
Download (pdf)
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LG Insurance & Reinsurance Newsletter - Summer 2007 |
Summer 2007
The latest legal news on Insurance and Reinsurance
Brokers duties in the spoylight again; Former employee exposed to asbestos on 'balance of probabilities'; Bank entitled to summary judgement under Credit Indemnity Insurance Policy; Broker in run-off made to account properly to their principal; Environment consultancy's "business" covered under professional indemnity policy.
Download (pdf)
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Arbitration and the Right to a Fair Trial |
June 2007
Arbitration and the Right to a Fair Trial
Article 6 of the European Convention on Human Rights ( ECHR) provides an entitlement " to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law." The issue of whether an agreement to arbitrate violates this right has been considered recently by the Court of Appeal in two cases:
Stretford v FA Ltd and another (2007 EWCA Civ 238)
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Read more... [Arbitration and the Right to a Fair Trial]
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Solvency II – The Way Ahead |
June 2007
Solvency II – The Way Ahead
In anticipation of the publication of the draft Solvency II framework directive in Summer 2007, this In-Focus provides an overview of the process towards the new regulatory regime for the insurance industry, which is expected to become effective by 2010. On release of the draft directive, we will prepare and circulate a special guide on its impact.
Introduction
In Spring 2007 the Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) launched its third round of quantitive impact study (QIS III) in relation to Solvency II. By way of consultation with the insurance industry, QIS III will look at the potential effects, on both insurance undertakings and groups of undertakings, of CEIOPS' latest proposals for the assessment of technical provisions and for the calculation of a solvency capital requirement (SCR) and a minimum capital requirement (MCR).
Download (pdf)
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Changing personal injury landscape likely to affect insurers |
Spring 2007
The past few months have seen some significant developments regarding insurers liability for personal injury payments, and how those payments are to be calculated. These changes are likely to affect both liability insurers and their reinsurers.
Download (pdf)
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In the Matter of Japan Insurance Company |
April 2007
Run Off update
Whether the court should exercise its discretion to sanction an insurance business transfer scheme where policies are governed by foreign law.
In the Matter of Japan Insurance Company
Download (pdf)
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Part VII transfers - current developments |
March 2007
7 March 2007. Deloitte and Addleshaw seminar on current developments with regard to Part VII transfers
On 7 March 2007 Deloitte and Addleshaw Goddard jointly held a seminar on current developments with regard to Part VII transfers. The seminar considered circumstances where Part VII transfers can be used to shift portfolios of business, recent challenges which have been made to Part VII transfers and the role of the independent expert.
Download Seminar Slides (pdf) | Download Seminar Slides (powerpoint)
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