News

Too Big To Fail? - 2nd July 2018

2nd July 2018

“Too Big to Fail?”

The collapse of the construction and outsourcing giant Carillion hit the headlines earlier this year. This, coupled with other regular news stories of data breaches and misuse of personal information on a seemingly industrial scale, raise the spectre of systemic issues that have the potential severely to disrupt commercial life. In an era of ever greater inter-connectivity, can financial institutions, companies or infrastructure ever be “Too Big to Fail”? And when things do go wrong, what is the role of insurance?

Join BILA on 2 July for a discussion of the insurance, legal and regulatory issues involved when the “Too Big to Fail”, do fail. 

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published on 14th Jun 2018

Friday 20th July 2018 - No limits? Non-party costs orders against insurers

No limits? Non-party costs orders against insurers

Friday 20th July 2018 - 13:00 - 14:00

In this BILA Lecture, Alison Padfield QC will discuss Non-party costs orders against insurers/Senior Courts Act 1981, s 51(3)

In this lecture, Alison Padfield QC will explain and discuss non-party costs orders against insurers:

• The courts’ jurisdiction to make costs orders against non-parties under s 51(3) of the Senior Courts Act 1981
• Situations where liability or legal expenses insurers may be at risk of non-party costs
• The impact of policy limits
• Non-party costs and the Third Parties (Rights Against Insurers) Acts 1930 and 2010
• The insurer’s conduct and the incurring of costs
• Recent case-law including Travelers v XYZ [2018] EWCA Civ 1099 (liability insurers) and Herridge v Parker & Allianz [2014] Lloyd’s Rep IR 177 (legal expenses insurers)

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published on 13th Jun 2018

Tuesday 24th July 2018 - War Risks Cover – The Drugs Don’t Work

War Risks Cover – The Drugs Don’t Work

Tuesday 24th July 2018 - 13:00 - 14:00

In this BILA lecture, Philppa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”) [2018] UKSC 26

Philippa Hopkins QC and David Walsh of Essex Court Chambers will examine the recent Supreme Court decision in Navigators Insurance Company Limited & ors v Atlasnavios – Navegação LDA (The “B Atlantic”) [2018] UKSC 26, in which the Court held that war risks underwriters were not liable for the total loss of the “B Atlantic”, which had been confiscated by the Venezuelan authorities after cocaine was found attached to her hull. They will consider the Supreme Court’s treatment of the malicious act peril and the infringement of customs regulations exclusion, and they will reflect on the implications of the case for the market.

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published on 7th Jun 2018

Friday 15th June 2018 - Direct Rights of Action/Anti-Suit Injunctions

Direct Rights of Action/Anti-Suit Injunctions

Friday 15th June 2018, 13:00 - 14:00

In this BILA lecture, David Lewis QC and Oliver Caplin will discuss the direct rights of action/anti-suit injunctions

David and Oliver will explore legal issues surrounding third party claims advanced against insurers under direct action statutes, covering both English and European jurisprudence. Amongst other things, they will draw on their experiences of acting for the direct action statute claimant in the Court of Appeal in The Yusuf Cepnioglu [2016] 3 All ER 697, addressing the consequences of that decision for insurers and direct action claimants seeking or resisting anti-suit injunctive relief, and the impact that case has had, and might have had for this area of law had it been heard (as it almost was late last year) by the Supreme Court.

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published on 6th Jun 2018

Friday 18th May 2018 - Opportunities for U.K. based ILS issuers under new U.K. ILS legislation

Insurance-Linked Securities

Friday 18th May 2018 13:00 - 14:00

In this BILA lecture, Katherine Coates will talk about Opportunities for U.K. based ILS issuers under new U.K. ILS legislation

Summary of the key aspects of the new legislation
● Structures available to UK issuers
● Initial practical experience of the new regime
● Some of the differences between UK and other regimes
● Market opportunities

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published on 8th May 2018

Friday 20th April 2018 - Latin American Jurisdictions - A discussion of global insurance programmes and the challenges they present

Latin American Jurisdictions - A discussion of global insurance programmes and the challenges they present.

Friday 20th April 2018, 13:00 - 14:00

In this BILA lecture, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will talk about their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present.

In an increasingly global marketplace, many international corporates operate in a wide variety of jurisdictions, where the commercial, fiscal and regulatory environment differs significantly from that of their home territory. While such companies face different risks across the globe, they want to ensure that they manage their risk in a consistent manner wherever they are doing business. The assessment of that risk and the composition of an appropriate insurance programme is a huge challenge.

In this presentation, Christopher Cardona (HFW London) and Geoffrey Conlin (HFW Paulo) will use their experience of Latin American jurisdictions to inform a discussion of global insurance programmes and the challenges they present, focusing in particular on the so-called financial interest clause, which purports to provide cover to a parent company in respect of any damage to its financial interest in its overseas subsidiaries.

They will consider:

  • Different types of global programme e.g. local policies, global policies, controlled master programs and the operation of DIC/DIL and financial interest clauses
  • Some of the main challenges posed by local regulatory, legal and claims regimes of key Latin American jurisdictions e.g. fronting ins/reinsurers, cession rules, interest and monetary correction
  • Potential advantages and disadvantages of financial interest clauses
  • English and local law issues when considering financial interest clauses e.g. insured interest, calculation of indemnity and local compliance issues

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published on 9th Apr 2018

BILA/IIL joint lecture - 13:15, Thursday 15th March 2018 - Professional Standards and the Insurance Profession

In this joint BILA and IIL lecture Melissa Collett will talk about the meaning of professionalism, ethics and duty of care in the context of insurance, and how to put professionalism into practice. She will also explain the professional body's role in raising standards of professionalism across the insurance sector.

Professionalism is vital to building public trust in insurance. Professionalism is not just about following regulator's rules and regulations. It's about creating the right culture and ethical standards. Breaking down professionalism into three key elements: competence, ethics and duty of care, can help put professionalism into practice. The Chartered Insurance Institute is here to help insurance professionals on their journey.

By the end of this lecture members would have gained an insight into:

  • The 3 key elements of professionalism for insurance professionals
  • How to put professionalism into practice
  • The professional body's role in raising standards across the sector

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published on 15th Feb 2018

BILA Lecture - 9:00am - 10:00am - Monday 19th March 2018 - Single Claims Agreement Policy

This month, the London market launched the Single Claims Agreement Party model ("SCAP"). This is a ground-breaking agreement which is the product of collaboration between the London and International Insurance Brokers Association ("LIIBA"), the Lloyd’s Market Association ("LMA") and the International Underwriting Association ("IUA").  SCAP is an agreement between insurers which will allow a single London market underwriter, whether in the Lloyd’s or company market, to agree claims on behalf of all underwriters subscribing to a slip on the same terms, whether they are in the Lloyd’s market, the company market or overseas.  

In this talk, Simon Cooper of Ince & Co will discuss the structure, scope and operation of the SCAP as well as some of the issues and challenges that arose in drafting this important new agreement.

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published on 13th Feb 2018

Bila Lunchtime Lecture Friday 27th October 2017 13:00pm-14:00 pm. Professor James Davey will be talking about "After the Gold Rush: Insurance Regulation in the FinTech Era"

Professor James Davey of the University of Southampton will be talking about :"After the Gold Rush: Insurance Regulation in the FinTech Era"

James Davey is Professor of Insurance & Commercial Law at the University of Southampton. His interests in insurance span insurance contract law and theories of regulation. He draws on a wide range of sources to inform his practice, including US commercial contract and insurance law. He has published extensively in leading journals, including the Lloyd's Maritime & Commercial Law Quarterly and the Cambridge Law Journal. He was an invited participant in the Insurance Fraud Taskforce and the initial Flood Re steering group. He has acted in a research consultancy capacity in litigation subsequently decided at the appellate level.


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published on 25th Sep 2017

BILA Lunchtime Lecture - 13:00, Friday 16th June 2017 - "Modernisation of the London Insurance Market: Harnessing Electronic Communications in Support of Placement"

Dr Miriam Goldby will be speaking about "Modernisation of the London Insurance Market: Harnessing Electronic Communications in Support of Placement"


Abstract: In recent years, the London Insurance Market has seen a drive towards modernisation, with an aim to maintain the market’s competitiveness while at the same time increasing contract certainty for insurers and assureds alike. Within this context, the market has sought to harness electronic communications to support the placement process and maintain, throughout the placement period, an up-to-date record of discussions and negotiations. The most recent development in this regard, the PPL, has the potential to be a very significant step towards this objective. This lecture will examine the potential legal implications of these developments for the law relating to insurance contracts.

 

Bio: Dr Miriam Goldby is Reader in Shipping, Insurance and Commercial Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London (QMUL), director of Centre’s LLM in International Shipping Law in London, of its Dual LLM in Commercial Law (Singapore and London) offered in association with Singapore Management University and of the School of Law's MA in Law by Research. She is also Deputy Director of the Centre’s Insurance Law Institute and Deputy Editor of the British Insurance Law Association Journal. Prior to joining Queen Mary, Miriam conducted research as a Visiting Scholar at George Washington University in Washington DC, USA. Between September 2007 and December 2010 she held a lectureship post at the University of Surrey where she taught Contract Law, Commercial Law and Banking Law. She read for her PhD degree at University College London where she also held the post of teaching fellow between January 2004 and August 2007, and taught on the LLM Banking Law and LLM International Trade Law courses. She has published extensively on various areas of commercial and financial law. Since November 2012 she has participated in the work of UNCITRAL’s Working Group IV (Electronic Commerce) as delegate and as a member of the Experts Group and contributed to the drafting of an instrument on Electronic Transferable Records. She is the author of Electronic Documents in Maritime Trade: Law and Practice (OUP, 2013).

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published on 11th May 2017

The Insurance Act 2015 Conference - 10% discount for BILA members 7 June 2016 - Central London

There is a 10% discount available for BILA members - Quote booking code CLTBILA when booking to obtain this discount.


CONFERENCE OVERVIEW
The Insurance Act 2015 contains the most extensive legislative reforms to insurance contract law in over a century and has far reaching effects on commercial and consumer insurance, as well as reinsurance. All who deal with insurance and insurers need to appreciate its significance before the bulk of its provisions come into force on 12 August 2016. This conference will look at key sections of the Act, consider their impact on policyholders, third parties, brokers, insurers and reinsurers, and where reforms may lead in the future.

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published on 6th Apr 2016

Professor Rob Merkin QC, Annual Update on Insurance Law

On the 20th November 2015, BILA is pleased to welcome Professor Rob Merkin QC, University of Exeter; Special Counsel, DLA Piper for his Annual Update on Insurance Law.  The Lunchtime Lecture will be held at 1pm in The Old Library, Lloyd's, 1 Lime Street, London, EC3M 7DQ, courtecy of Lloyd's of London.

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published on 16th Nov 2015

The Commercial Awareness Seminar Series

Hosted by the BILA Future Insurance Professionals' Group, in association with the Lloyd's Market Association

A series of talks giving a unique opportunity to get a 'client's eye view' of how the industry works

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published on 20th Oct 2015

BILA lunchtime lecture: Insurable interest – a rule in search of a rationale? - Friday 18th September 2015

Insurable interest is the most recent topic of attention of the Law Commission team responsible for the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015. This "double-header" lecture will consider the case for and against abolition of the doctrine of insurable interest, with a particular focus on interests in life assurance. As a topic, insurable interest continues to be discussed and (occasionally) litigated as new forms of insurance product (and new examples of the perverse incentives insurance can create) arise. Comparable jurisdictions (e.g. Australia) have largely abolished the requirement of an insurable interest without alarm. Insurable interest may have a significant role to play in establishing the boundary between insurance and other risk-related contracts such as gambling and credit default swaps.

 

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published on 30th Jul 2015

Competition Law for Insurers and Insurance Lawyers

On Friday 17th July 2015 BILA is pleased to welcome insurance antitrust specialist Bill Batchelor, Baker & McKenzie, Brussels, who will bring us up to date on current issues in competition law and the insurance industry.

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published on 26th Jun 2015

BILA Mock Trial - Insurance Act 2015 - 20th May 2015

The Great Hall & Bench Rooms, Lincoln’s Inn, London WC2A 3TL - Wednesday 20th May 2015 – 5:30pm

On the 20th May 2015 at Lincoln’s Inn BILA is holding one of its extremely popular mock trials. This year we will explore the legal and practical issues that could arise out of the new regime being brought in by the Insurance Act 2015.

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published on 13th Apr 2015

Tobacco Litigation 20 February 2015

Torben Bondrop of Plesner, Copenhagen, will deliver a lecture concerning the Danish tobacco litigation on 20 February 2014:

  • Product liability for smoking-related damage outside the EU directive
  • Public knowledge of health risks associated with smoking
  • The concept of dependence, addiction or habituation
  • The question of causality
  • The state of the art defence (“system damage" in Scandinavia) within product liability
  • Declarations of tar and nicotine - are they misleading?
  • The EU Directive on product liability and claims for damages caused by cigarette smoking
  • Is there room for a next case in Scandinavia on alcohol-related health damage?

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published on 19th Dec 2014

“Scottish independence? The implications for the insurance market” a special Lunchtime Lecture (30th July)

Professor Hector MacQueen of Professor of Private Law at the University of Edinburgh, Patrick Layden QC, former Deputy Solicitor to the Scottish Government and Stephen Phillips, partner in the Edinburgh office of CMS Cameron McKenna will discuss “Scottish independence? The implications for the insurance market” at 1pm on 30th July 2014 at The Old Library, Lloyd's, Lime Street, London, EC3M 7DQ, courtecy of Lloyd's of London in association with the Lloyd's Market Association (LMA)

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published on 9th Jul 2014

Message from the Chairman

A message from the Chairman, David Kendall, regarding recent media coverage and the forthcoming 50th Anniversary Colloquium and Dinner

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published on 7th Mar 2014

BILA Book Prize 2013

On 18 October 2013 the BILA Book Prize was awarded in the Lloyd's Library on the occasion of
BILA's AGM. The winning book was "Research Handbook on International Insurance and
Regulation" edited by Julian Burling and Kevin Lazarus and published by Edward Elgar Publishing.

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published on 19th Oct 2013

Bemuda Form Mock Arbitration

Speakers: Richard Jacobs QC, Gavin Kealey QC, Tom Newman, Paul Stanley QC and David Scorey

Location: Old Hall, Lincoln’s Inn, London WC2A 3TL

Cost:£160.00 (Members: £90.00)

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published on 15th Oct 2013

Asbestos – The Future Risk

Asbestos – the Future Risk is a special report that pulls together the historical background as to how this mineral came to be so widely used; the medical view of asbestos related diseases and their treatment; the current patterns of consumption that indicate where future claims may come from; and current practice for dealing with asbestos in the built environment, exposure to which has spread asbestos-related diseases to people outside those occupations that worked directly with asbestos.

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published on 6th Jul 2013

Save the Date AIDA-HILA Athens 2014

AIDA Greek Chapter (HILA)
in association with the International Association of Insurance Law (AIDA World) is pleased to announce the organization of the international conference entitled:
Life, Health and Pension Insurance in the new Economic Environment

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published on 30th Jun 2013

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