Virtual only
Nicolas Bouckeart
Kennedys
An overview of French insurance law, discussing key issues and giving practical pointers regarding what insurers and practitioners should have in the forefront of their minds.
Virtual only
Sir Richard Aikens
Brick Court Chambers
The English conflict of laws rules on “applicable law” to insurance contracts and the arbitration agreements that are often found in them have been affected by Brexit, the Supreme Court’s decision in Enka v Chubb and now the Arbitration Bill 2023. This talk attempts to summarise where we are now and look at what the future may hold.
Arguably one of the biggest FCA initiatives in recent times, the fast approaching new Consumer Duty is one of the latest regulatory developments the general insurance sector is grappling with. General insurers as manufacturers play a key role in ensuring good outcomes for ‘retail customers’, but many in the sector are still asking questions such as:
How is this any different from treating customers fairly?
- Aren’t we already compliant because we comply with the FCA’s rules on product oversight and governance introduced in October 2021?
In this session, DLA Piper Insurance Regulatory solicitors Matthew Hunter and Rhea Ingram-Smith will address these questions, and demystify some of the key areas of the Consumer Duty as it will affect general insurers.
[button link=”https://us06web.zoom.us/meeting/register/tZUqfuurqjwvH92hhwuPC3dsHBnMVqfrMW0t” type=”big”] Register Your Place Here[/button]
Panel Discussion – Inclusion in insurance: the power of authenticity
Location: DLA Piper LLP, 160 Aldersgate St, Barbican, London EC1A 4HT
This is a free event but prior registration is required.
Please join BILA YP and a panel of insurance professionals for a discussion on diversity & inclusion within the insurance industry, with a focus on the importance of empowering individuality and bringing your whole self to work. Hear from the Panel on how the London insurance market can secure its future as the world’s leading insurance market by supporting individuality and promoting a diversity of talent.
Following a structured panel discussion, there will be time for you to ask your own questions of the panellists in a Q&A session.
Confirmed panellists:
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- Mark Lomas (Head of Culture, Lloyd’s)
- Vishal Desai (Chief Risk Officer, MS Amlin)
- Laura Marcelli (Legal Director, DLA Piper)
- Brittany Boykin (In-House Counsel – Head of Claims and Underwriting, Brit Insurance)
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Timings:
17.45: Registration and welcome drinks
18.30: Panel session
19.30: Networking reception
21.00: Close
Kindly sponsored by DLA Piper
BILA Young Professionals Panel Session - 26 April 2023
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BILA Young Professionals Panel Session - 26 April 2023
"*" indicates required fields
In Stonegate v MS Amlin Butcher J decided preliminary issues in a claim for COVID-related business interruption loss, reducing the quantum of Stonegate’s claim from over £1billion to a few million pounds. This talk will consider aggregation clauses in the light of that judgment. To put matters in context it will begin with a recap of the relevant findings from FCA v Arch and an overview of Butcher J’s findings as to what constitutes a covered event. Freddy will then look in depth at both the existing principles which Butcher J reiterated (how to approach the language of aggregation clauses and the relevance of ‘remoteness’) and the new principles he decided (as to the time at which, and the knowledge with which, aggregation is to be considered). To bring those principles to life, Freddy will consider their application to the facts of Stonegate and finish with an overview of the other matters decided by Butcher J (e.g. the treatment of furlough payments) in Stonegate and the related cases of Various Eateries v Allianz and Greggs v Zurich.
Ben Quiney KC and James Sharpe both of Crown Office Chambers will be joined by Robert Brown of Icen Risk to discuss the topic of M&A Warranty and Indemnity Cases and Insurance.
Ben Quiney KC of Crown Office Chambers
Ben advises upon and litigates all insurance related disputes, including: D&O, PI, PL & EL, product liability, and Warranty and Indemnity policy disputes; dealing with insolvent insureds and insurance companies; subrogated recovery claims (including disaster claims); all coverage issues (including non-disclosure, notification, moral hazard, and warranty cases); and issues of scope of cover, such as business interruption.
James Sharpe of Crown Office Chambers
James regularly acts for and advises insured’s, insurers and reinsurers in respect of the operation and effect of insurance and reinsurance policies. James has particular expertise in professional indemnity (PI); CAR; property damage; public, products and employers’ liability; business interruption (BI); directors & officers (D&O); and warranty and indemnity (W&I) policies. He also regularly acts on behalf of insurance brokers in defending professional negligence claims.
Robert Brown of Icen Risk
Rob is one of the most experienced and respected M&A underwriters in the market, having specialised in this area since 2000. He has over 25 years’ experience in the insurance industry, having started in financial lines in 1993 and ran the Latin American Financial Lines division of a global insurer. Subsequently Rob set up and led the M&A insurance division of a global insurer for many years before founding Icen. His transactional insurance underwriting experience spans most sectors and territories.
How big data and technology influence important aspects of society?
What are the processes and mechanisms through which big data and emerging technologies influence society?
Are these technologies harmful, disruptive, a tool for corporate profit or transformational?
In late 1968, a terrible fire in a former whisky bond in Glasgow killed 22 workers. The circumstances of their death led to the Private Member’s Bill that became the Employers’ Liability (Compulsory Insurance) Act 1969. The problem then, as now, was not that employers were routinely uninsured, but that underwriters had defences to claims brought under those policies. The 1969 Act (and associated Regulations) did little to regulate those defences. The private law of insurance endured. Despite the growth in regulatory controls under the Financial Services and Markets Act 2000 (as amended) that position remains unchanged. Recent litigation has confirmed that even where the purchase of insurance is compulsory, the interests of third-party claimants are not considered in the application of regulatory controls. The much-vaunted Consumer Duty will not change this. The private law vision of liability insurance applies even in the regulatory space.
This talk will draw upon principles drawn from law & economics (‘polluter pays’) to consider the effects of the current approach and alternatives which would refocus the costs on those that generate the harm.
James Davey is Professor of Insurance & Commercial Law at the University of Bristol and Deputy President of BILA. He has taught and written on insurance law for more than 25 years. His aim is to persuade the world that insurance law is of fundamental importance and deserving of close study, using tools drawn from a range of disciplines (law, history, economics, sociology). He is co-author of Millers’ Marine War Risks.
Dr Caroline Bell is Head of Wordings and a member of the CUO Extended Leadership Team at QBE European Operations.
She is the author of a PhD thesis on the London Market Excess of Loss Spiral, and she has over 20 years’ experience working as a lawyer for the insurance industry, both in private practice and in-house, having advised policyholders, insurance and reinsurance companies, brokers and Lloyd’s syndicates on coverage, wordings and regulatory issues.
Caroline contributes articles to the specialised press and is a regular speaker at international conferences on insurance and reinsurance law. She sits on the Committee of the British Insurance Law Association and is a regular guest lecturer at King’s College, London.
This talk will explore insurance policy wordings in the London market; and how recent regulatory, legal and societal changes have impacted on the way wordings are created, used and interpreted.
It will consider both the legal and the practical aspects of insurance contracts, including how and why they are so different to other commercial contracts, how they are drafted and entered into, the contract as a ‘product’, rules of contract construction, the ‘hold harmless’ principle, digitalisation and whether insurance contracts are fit for the future.
Claims under Business Interruption insurance policies for Covid-19 related losses – where are we now? Recent decisions and unresolved issues approaching 2 years after the Supreme Court decision in the FCA test case.
This talk will address the decision of the Supreme Court in The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 and Commercial Court judgments on Covid-19 BI cases since then including Corbin & King Limited & Others v AXA Insurance UK Plc [2022] EWHC 409 (Comm) and Stonegate Pub Company Limited v MS Amlin Corporate Member Limited & Ors [2022] EWHC 2548 (Comm), Greggs Plc v Zurich Insurance Plc [2022] EWHC 2545 (Comm) and Various Eateries Trading Limited v Allianz Insurance Plc [2022] EWHC 2549 (Comm), as well as outlining some unresolved issues.
Emma Hilliard is a barrister practising at 7 King’s Bench Walk in London and specialising in commercial litigation and arbitration with particular emphasis on insurance and reinsurance. Emma has experience of a wide range of insurance and reinsurance disputes in confidential arbitrations and in the Commercial Court acting as sole counsel, led by a KC and as part of a large team of counsel. Emma is recommended in Legal 500 (2023) in the fields of Insurance and Reinsurance, Aviation and Shipping, and has been described by solicitors as someone who “knows her subject inside out, is very diligent and understands the commercial context of any case”. Prior to being called to the Bar in 2006, Emma previously studied Commercial Insurance Law as a postgraduate at the University of Cambridge as part of her Commercial LLM (First Class, 2004-2005) and Emma supervised Contract Law at Gonville and Caius College, University of Cambridge (2005-2006).