Expert Guides - Insurance and Reinsurance

Concerns Mount Concerning the American Law Institute’s Restatement of the Law, Liability Insurance

The American Law Institute (“ALI”) recently approved its first foray into insurance law, a Restatement of the Law, Liability Insurance (“Restatement”), which is now being prepared for publication

16/08/2018 Laura Foggan, Crowell & Moring, US

Social Engineering Fraud: Is Coverage Available Under Commercial Crime Policies?

Insurance for loss resulting from the use of technology to commit fraud has existed for decades. Since the 1980s, commercial crime policies have included various forms of computer fraud and funds transfer fraud coverage

16/08/2018 Dominic T Clarke, Blaney McMurtry, Canada Chris McKibbin, Blaney McMurtry, Canada

The pendulum swings back? Thinking about the OSFI reinsurance framework discussion paper

Canada’s federal insurance sector prudential regulator, the Office of the Superintendent of Financial Institutions (“OSFI”) recently released a landmark Discussion Paper that will shape the regulation of reinsurance in Canada for years to come

16/08/2018 Stuart S Carruthers, Stikeman Elliott, Canada Andrew S Cunningham, Stikeman Elliott, Canada

Brazilian Insurance Contract Law: will the stork finally delivery it in 2018?

It is a good time to talk about the future of insurance law in Brazil. In the Senate, the bill which will finally allow the country to have its first Insurance Contract Law is under advanced discussion

16/08/2018 Ernesto Tzirulnik, Ernesto Tzirulnik Advocacia, Brazil

Reinsurance and loss adjustment procedures in Brazil

In common law countries, it is generally recognized that reinsurers shall be granted the right to participate, to some extent, in claim adjustment proceedings, which may bring them financial consequences

16/08/2018 Raphael Miranda, Raphael Miranda Advogados, Brazil Victor Willcox, Raphael Miranda Advogados, Brazil

The Italian implementation of the Insurance Distribution Directive – IVASS Regulation no. 40/2018

The Regulation, which will come into force on 1 October 2018, is part of the previously started rationalization undertaken at European level with the Directive (EU) no. 2016/97 – Insurance Distribution Directive (“IDD”)

16/08/2018 Laura Opilio, CMS Adonnino Ascoli & Cavasola Scamoni, Italy Giorgio Valentini, CMS Adonnino Ascoli & Cavasola Scamoni, Italy

Some features of the direct action against liability insurers under Belgian law: the sunset clause and direct action against foreign insurers

This article discusses two important features of the direction action against liability insurers under Belgian law

16/08/2018 Sandra Lodewijckx, Lydian, Belgium Hugo Keulers, Lydian, Belgium

Insurance, GDPR and data protection and privacy in Thailand

Key words: How does GDPR affect D&O liability exposure? What is the impact on insuring M&A transactions?

16/08/2018 Alan Polivnick, Watson Farley & Williams, Thailand

Insurtech, New Trends and Regulatory Agenda in Japan

Insurtech, the insurance version of Fintech, has been drawing attention in Japan lately

16/08/2018 Masakazu Masujima, Mori Hamada & Matsumoto, Japan

India’s economic market – stepping into the new era of growth

The insurance industry is one of the more closely regulated sectors in India

16/08/2018 Shardul J Thacker, Mulla & Mulla, India

Establishing or Acquiring a Life Insurer in Australia

Overseas investors have shown, and continue to show, a strong interest in Australian life insurers

15/08/2018 Rehana Box, Ashurst, Australia

An Update on the Family Member Exclusion Clause: The End of Russian Roulette in Policy Interpretation

In my paper, “The Family Exclusion Clause: The Search for Ambiguity”, published in Expert Guides/Insurance and Reinsurance, London, UK, in August 2017, I commented on the British Columbia Supreme Court decision in Gill v. Ivanhoe Cambridge, 2016 BCSC 252

27/10/2017 Harmon C Hayden, Fulton & Company, Canada

Absence of Malice: The United States Grapples with the Proper Standards for Imposing Bad Faith Liability in Insurance Cases

Since the late 1960s and early 1970s, the United States has seen the growth of direct actions against insurance companies in what have colloquially been termed “Bad Faith” actions

04/09/2017 Stephen P Pate, Cozen O'Connor, US Valerie Rojas, Cozen O'Connor, US

Shifting Climate Change Risks Will Force Insurers To Adapt

Whether naturally occurring or caused by human activity, it is now generally accepted that the Earth is warming

04/09/2017 Dominic T Clarke, Blaney McMurtry, Canada Zack Garcia, Blaney McMurtry, Canada

The Family Exclusion Clause: The Search for Ambiguity

The family exclusion clause is a universal feature in personal liability insurance policies, apart from automobile liability insurance

04/09/2017 Harmon C Hayden, Fulton & Company, Canada

The enforcement of arbitration agreements in Bermuda-market insurance policies

Most insurance and reinsurance policies issued by Bermuda-based insurance companies contain arbitration agreements, which provide for any and all disputes between policyholder and insurer to be resolved through an arbitration to be conducted in Bermuda (subject to the supervision of the Supreme...

04/09/2017 Alex Potts QC, Kennedys, Bermuda

The Impact of Brexit on Insurance and Reinsurance

As matters currently stand, the United Kingdom will cease to be a member of the European Union on 29 March 2019

04/09/2017 David Kendall, Cooley, United Kingdom

Reinsurance, set-off rights and insolvency under Spanish law

A usual query that arises in Spain in almost any single reinsurance transaction or contract where some money is advanced or handed over between the parties is whether it is possible to set-off mutual debts within an insolvency proceedings

04/09/2017 Luis Alfonso Fernández Manzano, Hogan Lovells, Spain Virginia Martínez, Hogan Lovells, Spain

Who’s who insurance: Liberalizing foreign ownership of insurers in Asia

Members of the Association of South East Asian Nations (ASEAN) have implemented the ASEAN Economic Community (AEC), which is intended to remove or reduce barriers and restrictions between member states to allow for the development of a single market of approximately 625 mln people

04/09/2017 Alan Polivnick, Watson Farley & Williams, Thailand

Next generation genome technology – will insurers get the sequence?

Since the completion of the Human Genome Project in 2003, advances in gene technology have exploded

04/09/2017 Louise Cantrill, Mills Oakley, Australia

The changing landscape of reinsurance in South Africa

Amongst a raft of proposed legislative and regulatory changes impacting the financial services industry in South Africa, the Financial Services Board ("FSB"), the authority that regulates, inter alia, the activities of insurers and reinsurers in South Africa, has proposed a number of changes to the...

25/08/2016 Ernie van der Vyver, Clyde & Co US, South Africa

Will The American Law Institute’s Forthcoming “Restatement of the Law of Liability Insurance” Codify U.S. Insurance Law?

The American Law Institute (“ALI”) is a leading independent organization in the United States “producing scholarly work to clarify, modernize and otherwise improve the law.”

25/08/2016 Laura Foggan, Crowell & Moring, US

In re Deepwater Horizon: A Year and a Half Later

When the Supreme Court of Texas delivered its opinion in In re Deepwater Horizon on February 13, 2015, commentators across the country pondered the impact of the opinion in the insurance industry

25/08/2016 Stephen P Pate, Cozen O'Connor, US

Canadian Appellate Court Holds that Reinsureds Must Establish Legal Liability in the Absence of a Follow Settlements Clause

In Swiss Reinsurance Company v. Camarin Limited, the British Columbia Court of Appeal clarified the test for proving liability under a reinsurance contract absent a follow the settlements clause

25/08/2016 Dominic T Clarke, Blaney McMurtry, Canada Avi Sharabi, Blaney McMurtry, Canada

Hostile takeover litigation involving the Bermuda insurance and reinsurance market

There has been an increasing amount of M&A transaction activity in the Bermuda re/insurance market in recent years

25/08/2016 Alex Potts QC, Kennedys, Bermuda

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