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
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.
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.
Simon is a partner in the insurance & reinsurance group of Ince & Co LLP. with over 32 years’ experience. Simon’s practice focuses on all aspects of insurance and reinsurance and he heads our cyber group. He is experienced in all forms of dispute resolution and in working with lawyers in many jurisdictions as well as coordinating multi-jurisdictional projects on clients’ behalf.
Simon is a member of the IUA Clauses Subcommittee and also edited the second edition of ‘Reinsurance Practice & the Law’ as well as writing and lecturing frequently.
“experienced and clear in his advice, providing expert knowledge on issues within the insurance and reinsurance markets”
legal 500 UK
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
Melissa joined the CII in September 2017, leading its professional standards, ethics and conduct activity. She is also responsible for its legal affairs and risk management. She brings significant insurance and legal experience to the role, having spent over a decade as Senior Ombudsman at the Financial Ombudsman Service, as a Director of Fairer Finance, and as a Tribunal Judge.
Paul Darling OBE QC has established a formidable reputation as an advocate in all types and levels of tribunals all over the world. He specialises in complex cases which feature multiple parties, large teams, and high volumes of material, and is often brought in by clients at short notice, late in proceedings. An ability to work with colleagues from any jurisdiction, and to grasp detail, strategy, and tactics quickly has allowed Paul to develop a practice which has taken him to every major jurisdiction, appearing in a wide variety of construction, energy, and commercial matters.
Mark Williamson is a partner at Clyde & Co LLP specialising in Commercial/IT/IP
Mark is dedicated to providing specialist commercial law advice to the insurance sector
Over the past five years he has put together a hand-picked team that delivers both commercial law expertise and detailed insurance sector knowledge – a combination that clients say is not replicated elsewhere in the City and adds real value to their business.
Mark is recommended in Legal 500 for his work in the insurance sector and has in-depth experience of advising on onshore and offshore outsourcing; product distribution; affinity partnerships; information technology; intellectual property; data protection; and e-commerce. He is also a contributing author to the International Encyclopaedia of Agency and Distribution Agreements.
Isabel Ost is an Associate at Clyde & Co LLP
Whose agent is the broker?
Binding the client: the broker’s authority and knowledge.
Duties: contract, tort and fiduciary duties.
The Insurance Distribution Directive.
Jeffrey Gruder QC is widely recognised a leading silk at the Commercial Bar. He is “An extremely able and thorough advocate with an extraordinary knowledge of the law,” as well as being “A lawyer with a nice persuasive advocacy style who is a great cross-examiner.” He is client-friendly, has a high profile practice and a wide array of experience in international litigation and arbitration.
“In Aldcroft v International Cotton Association  EWHC 62 Comm (30 March 2017), a deputy judge in the Commercial Court said “it is clear that the risk of a perception of lack of impartiality resulting from repeat appointments is a legitimate concern in the international arbitration community”, and and held that it was reasonable for the Cotton association to seek to limit repeat Appointments of the same arbitrator by the same party.
I will explore the extent to which repeat appointments of the same arbitrator by the same party may also be a potential problem in insurance arbitration as well as other recent cases which relate to impartiality of arbitrators.”
When the UK ceases to be a member of the EU UK insurers will lose the passport rights within the EU single market which they currently enjoy under the Solvency II Directive regime. EU member state insurers may lose the reciprocal automatic authorisation rights for insurance business which they wish to carry on in the UK. What legal mechanisms will UK insurers be able to adopt to continue writing business currently written by virtue of a single market passport? If there is no comprehensive UK-EU agreement to what extent will they be able to rely on “equivalence” provisions or the Solvency II “third country” provisions? How will insurers having EU member home states be able to continue to write UK business?
To what extent will the Solvency II regime continue in practice to inform the prudential regulation and supervision of insurers in the UK, or the new Insurance Distribution Directive the marketing and sale of insurance products?
What practical steps are UK insurers (or their group parents) planning or already taking to adjust to changing legal framework after Brexit?
What rules will the English courts apply for recognising the jurisdiction of English or foreign courts to hear and determine cases involving cross-border elements; or for determining the substantive law applicable to them?
Our panellists will consider these and other questions.
Sir Richard Aikens is a recently retired Lord Justice of Appeal and now sits as an arbitrator in commercial cases. He previously practised at the commercial bar and on his appointment to the High Court was a judge of the Commercial and Admiralty Courts. He has extensive experience of insurance matters and is a Visiting Professor at both King’s College and Queen Mary University of London. He is a past President of BILA
Julian Burling is a barrister practising at Serle Court Chambers, predominantly in insurance law and regulation. He is the author of, or contributor to, several books on those matters. He was previously Counsel to Lloyd’s. He is a past Chairman and currently a Vice-President of BILA.
Sean McGovern is Chief Compliance Officer and Head of Regulatory and Government Affairs at XL Catlin. He was previously Director and General Counsel at Lloyd’s, also becoming Chief Risk Officer and a member of the Lloyd’s Franchise Board. He is a non-executive board member of TheCityUK. He is the current Deputy President of BILA.
Following short presentations Lady Justice Gloster, the President of BILA, will invite questions and comments for the panel from the audience. In the Court of Appeal, where she is Vice-President of the Civil Division, Gloster LJ has delivered a number of insurance related judgments. Before her appointment to the Court of Appeal, she was a judge of the Commercialand Admiralty Courts. She previously practised at the Commercial and Chancery Bars, where she appeared in numerous cases involving insurance and reinsurance insolvency matters, including Bermuda Fire & Marine and EMLICO.
Registration will commence at 5.00pm when tea and coffee will be provided. The admission charge is £25 for BILA members and £40 for non-BILA members.
Refreshments after the formal proceedings of the Symposium are sponsored by Clyde & Co LLP and are without further charge.