Martin Moore QC will examine the current state of the law on Part VII insurance business transfers following the Court of Appeal judgment plus a few observations on possible future trends.
Described in Chambers and Partners as “An adviser of the highest quality on company matters, who is regularly instructed on some of the largest and most complicated takeovers and transactions”/
Martin is a leading Silk for company law litigation and advice, corporate finance, financial services and insolvency.
He has particular expertise in large-scale, complex corporate transactions and reorganisations (including takeovers and mergers), schemes of arrangement, and schemes for the transfer of insurance, and banking business (Part VII transfers).
Professor Green was appointed as Law Commissioner for Commercial and Common law on 01 January 2020. She was previously Professor of Private Law at the University of Bristol. Prior to that, she was Professor of the Law of Obligations at the University of Oxford, and, before that, a lecturer at the University of Birmingham from 2001 – 2010. Before embarking on her academic career, she was a software consultant at Accenture.
Professor Green has written about a variety of issues including virtual currencies, blockchain issues surrounding intermediated securities, smart contracts, sale of goods law as applicable to digitised assets, and wage theft.
Andrew McGahey and David Strahan of Kennedys (Dublin) will provide an overview of the key features of the Consumer Insurance Contracts Act 2019, the implications of its phased commencement during 2020 and 2021 and how it compares to consumer insurance law in England and Wales. Andrew and David will also briefly touch upon other upcoming legislative reforms that will impact Insurers in Ireland, including new judicial guidelines on the quantification of damages for personal injury.
Andrew joined Kennedys in January 2018 from an international law firm in London where he was a partner. Andrew heads Kennedys’ Dublin office and is the Regional Manager Partner for Kennedys’ European offices. He holds practising certificates in both Ireland and England & Wales and has over 20 years’ experience of advising insurers on policy coverage issues and defending third party claims. He has substantial experience of advising insurers and insureds on claims involving directors’ and officers’ liability, financial institutions and professionals. He has recently been heavily involved in advising insurers and reinsurers on COVID-19 business interruption claims. Andrew is a recognised individual in the Legal 500 and is described as “first rate” and “an excellent negotiator” who “always gives measured and astute advice”.
David joined Kennedys in 2019 from a leading Irish firm. He provides strategic advice to the insurance and reinsurance sector, with a particular focus on policy interpretation and coverage, indemnity issues and liability defence claims. He acts for major insurers and self-insureds across all lines of business. David also has considerable experience managing large-scale commercial disputes before the Irish Commercial Court and arbitrations under the International Chamber of Commerce Rules. He also represents life insurance companies in hearings before the Financial Services Ombudsman. David is recognised in the 2019 edition of the Legal 500, Insurance (Ireland) and the 2020 edition of Chambers, Insurance: Dispute Resolution (Ireland).
Brendan McGurk, Barrister at Monckton Chambers
Brendan is a barrister at Monckton Chambers in London, specialising in both commercial and public law. He is the co-author of Professional Indemnity Insurance Law, the leading practitioners’ text on the subject, and the sole author of Data Profiling and Insurance Law, published by Hart in 2019. Brendan practices in commercial law, commercial arbitration and insurance. He also acts in data disputes and regularly advises on data issues that arise in a commercial context. He is also a member of the Attorney General’s A panel of counsel and is regularly instructed in high profile judicial review claims against central government departments. Brendan is also an affiliate lecturer in competition law at Cambridge University.
Alison Padfield QC
Alison Padfield QC is a barrister specialising in commercial dispute resolution. She has particular expertise in insurance and reinsurance, professional conduct/discipline and regulation, and professional liability.
Alison is the author of Insurance Claims (Bloomsbury Professional). The 5th edition of Insurance Claims has gone to press and will be published this month.
Alison won Insurance Silk of the Year at the Chambers & Partners UK Bar Awards 2020.
Decision-making by (re)insurers – limits on contractual rights
In this lecture, Alison will discuss the impact of Braganza v BP Shipping Ltd and look at how the developing principles might apply in various contexts such as:
- Clauses requiring ‘proof satisfactory to insurers’ (PHI – current status of Napier v UNUM)
- Requirements for insurers’ consent
- Claims control clauses
- Innocent non-disclosure clauses (UK Acorn Finance v Markel)
David Mortlock is a partner and chair of the Global Trade & Investment Group at the law firm of Willkie Farr & Gallagher LLP in Washington. David provides clients with guidance on compliance and enforcement on national-security related issues, including sanctions and export controls, anti-money laundering, and CFIUS. He helps clients build and implement compliance programs, conduct internal investigations, respond to government inquiries, and address with enforcement actions. From October 2013 to November 2015, David was Director for International Economic Affairs at the White House National Security Council, where he was responsible for coordinating interagency work on sanctions, anticorruption, and other illicit finance issues. From August 2009 to October 2013, he held a number of roles at the Department of State, including Attorney-Advisor for Sanctions and Terror Finance and Deputy Coordinator for Sanctions Policy. David was centrally involved in developing and/or easing the sanctions programs for Russia, Iran, Cuba, Syria, and Venezuela, among other programs.
David will discuss the U.S. economic sanctions regime and its implications for the global insurance industry. In recent years, U.S. authorities, particularly the Office of Foreign Assets Control (“OFAC”), have shown increased interest in insurance providers, brokers and re-insurers and have brought a number of enforcement actions based on prohibited coverage, claims, and even related payments involving U.S. financial institutions. David will address these shifting risks for the insurance industry in the midst of an expanding U.S. regime and the transition to the Biden-Harris Administration.
10th December 2020
1pm – 2pm
BILA Virtual Lecture
Brexit & Insurance : Where to From Here?
BBILA welcomes Bill Batchelor, George Belcher, Rob Stirling and Eve-Christie Vermynck of Skadden Arps to lecture on Brexit & Insurance: Where To From Here? While the industry gets to grips with the implications of Brexit and EIOPA’s Recommendation 9 for their own organisations, we look to the future of the EU/UK relationship. What next for equivalency, data protection rules and future trading arrangements post-Brexit, and how will this affect insurance
Edward W. (Bill) Batchelor has 20 years of EU and U.K. competition law experience and focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements. Mr. Batchelor also regularly represents clients on EU and global merger control matters and litigation, and provides counsel on distribution and collaboration agree¬ments in complex and highly regulated industries, such as health care, financial services, insurance, media and entertainment, and gambling, among others.
George Belcher focuses on insurance-related public and private acquisitions and private
equity investments, as well as regulatory issues in the insurance sector. He also frequently
advises on matters related to Lloyd’s of London. Mr. Belcher is a member of and attends a
number of industry bodies, including City Lawyers’ Solvency II Group, City of London Law
Society (Insurance Sub-Committee) and the Financial Markets Law Committee (Insurance
Sub-Committee).
Robert Stirling focuses on insurance and asset management matters, as well as the
regulatory tory issues involved in transactional work and the insurance sector generally. He
advises on public and private acquisitions, private equity investments, portfolio and other
risk transfers, share offerings and asset disposals. Mr. Stirling also has handled numerous
representations for clients such as Phoenix Group, Mitsui Sumitomo Insurance Co.,
Endurance Specialty Holdings, Prudential plc, Marsh and TDR Capital.
Eve-Christie Vermynck focuses her practice on technology, data protection and
cybersecurity matters. She assists a wide range of international clients across various
industries on technol¬ogy projects, including in connection with technology transfer deals,
outsourcing, services and licensing arrangements, and cloud contracts. Working closely with
lawyers in Skadden’s corporate and private equity practice groups, Ms. Vermynck advises
on the technology-, commercial-, data protection- and cybersecurity-related issues involved
in complex transac¬tions, including with respect to emerging issues in big data, AI,
blockchain, smart technol¬ogy, health care and fintech. She also advises clients in a variety
of regulatory and litigation matters, including cross-border regulatory proceedings, and
privacy and cybersecurity issues
James Davey is Professor of Insurance & Commercial Law within Southampton Law School at the University of Southampton. He joined Southampton Law School in 2014. His research and teaching interests lie in insurance and commercial law generally. He is currently Deputy President of the British Insurance Law Association (BILA).
This lecture will consider key developments in insurance and marine insurance law during the past twelve months, with discussion of litigation relating to business interruption insurance and COVID; non-disclosure; duties of good faith and utmost good faith; third-party rights against insurers and within motor insurance. On the regulatory side, consideration will be given to the FCA action son dual pricing, in the General insurance pricing practices market study.
Professor Jay Feinman of Rutgers Law School (USA) will be in conversation with Professor James Davey of Southampton University (UK).
In the past few years the insurance community has paid increasing attention to the “protection gap”—the extent to which significant losses are not covered by insurance. The Geneva Association, the insurers’ global think tank, has pioneered the concept, and it has become widely adopted. Insurance always presents gaps in coverage; not all risks are insured or indeed insurable. The protection gap concept necessarily embodies a normative component—that insureds with limited coverage, potential insureds who lack insurance, and society as a whole suffer when certain gaps in insurance exist. It is this normative component of the protection gap concept that has not been fully developed and that is the subject of this presentation.
Professor Feinman will consider examples from the US market and issues of global importance.
Jay M. Feinman is an expert in insurance law, torts, and contract law. The recipient of numerous teaching awards, he’s also written seven books and more than 60 scholarly articles. He is a member of the American Law Institute and other professional organizations and is an advisor to United Policyholders.
A talk focusing on the wide increased powers of the Pensions Regulator envisaged by the current Pension Schemes Bill. Including discussion of the wide new criminal liabilities (not limited to employers or those associated with an employer).
David Pollard is a barrister practising from Wilberforce Chambers in Lincoln’s Inn in London. Until 2017, he practised as a solicitor and was (for 25 years) a partner in Freshfields, practising mainly pensions, employment and insolvency law. David practised with Freshfields for three years in Singapore in the 1980s.
David was chair of the Association of Pension Lawyers (APL) from 2001 to 2003. David is an editor of the journal ‘Trust Law International’.
David’s books include:
• Pensions, Contracts and Trusts: Legal Issues on decision Making (Bloomsbury Professional, 2020)
• The Law of Pension Trusts (Oxford University Press, 2013)
• Corporate Insolvency: Pension Rights and Corporate Insolvency: Employment Rights (6th eds, December 2016, Bloomsbury Professional)
• Employment Law and Pensions (Bloomsbury Professional, 2016)
• Freshfields on Corporate Pensions Law (editor) – annual editions from 2012 to 2015 (Bloomsbury Professional).