Always Look on The Bright Side of Life – an overview of the life insurance sector
- What is life insurance and how does it differ from indemnity insurance
- Insurable interest
- Use of Life Insurance as an investment tool
- Use of Life Insurance in tax affairs
- Presentation of the Risk
- Common coverage disputes
Manoj Vaghela is a partner in Charles Russell Speechlys’ Litigation Dispute Resolution team. He specialises in handling complex and high value disputes, often with an international element and usually involving insurance.
He has led and managed teams of lawyers from various countries on complex multi-party and multi-jurisdictional insurance and reinsurance disputes arising out of Life Insurance, Business Interruption Insurance, Bermuda Form Insurance, Clinical Trials, Cyber Liability, Construction All Risks, Professional Liability, Management Liability, D&O, Commercial Crime, Trade Credit and Product Recall.
Manoj specialises in shareholder disputes and is a specialist on product safety. He has worked with a consortium of leading academics and research scientists on the GUIDEnano project for the European Union investigating the safety aspects of nanotechnology.
The session will focus on:
The reinsurance of captive and fronting insurers give rise to complex legal issues. These include duties of fair presentation of the risk to the captive/front and to the reinsurer, the operation of cut-through clauses, and the impact on the reinsurance of the original insured’s and insurer’s obligations under the direct insurance. The lecture will address these and other issues.
Peter MacDonald Eggers QC is a barrister practising at 7 King’s Bench Walk in London specialising in all aspects of commercial law, with a particular emphasis on insurance and reinsurance. Peter practised as a solicitor before being called to the Bar by the Middle Temple in 1999. He was appointed a Queen’s Counsel in 2011. He is co-author of Good Faith and Insurance Contracts and Carver on Charterparties, author of Deceit: The Lie of the Law and The Vitiation of Contractual Consent, and a Contributing Editor of Chitty on Contracts. He teaches at University College London and King’s College London. Peter is a Deputy Judge of the High Court and sits as an arbitrator. Peter has most recently appeared as counsel in Enemalta v Standard Club Asia, Axis Corporate Capital v ABSA Group, Aegean Baltic Bank v Renzlor Shipping, Generali Italia v Pelagic Fisheries and Aspen Underwriting v Credit Europe. Peter is currently Chair of BILA.
Colin Edelman QC and Andrew Burns QC in conversation about some of the new cases and issues covered in the 2021 edition of their book.
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.
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.
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
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.