Versicherung & Rückversicherung

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  •  
    28/06/2024
    United Kingdom

    FCA publishes Consumer Duty outcomes review – what do I need to know?

    The FCA has published the results of its multi-firm review into Consumer Duty outcomes monitoring. Although the review concentrated on 20 of the larger insurance firms, the FCA’s observations are relevant to all retail financial services firms and all firms should consider the review’s findings.What are the key takeaways for firms?Firms tend to concentrate too much on processes being completed rather than on outcomes being delivered. For example, reporting on whether there are overdue value assessments or product reviews, without providing any insight into the key findings, lessons...
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  •  
    11/06/2024
    Brazil, UK

    Current floods in the south of Brazil: a quick overview of the largest natural catastrophe in the country’s history and its implications for the insurance and reinsurance markets

    Torrential rain in the very south of Brazil since the end of April 2024 has caused massive flooding across hundreds of cities in the state of Rio Grande do Sul.  In terms of affected area and economic losses, whilst the latter amount cannot yet be calculated, the floods in the State of Rio Grande do Sul are already the most catastrophic event to ever occur in Brazil. This tragic event is putting societal resilience to the test and shall intensify the debate over how to manage risks of catastrophic incidents, including through private and public insurances.Experience of previous large losses...
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  •  
    05/06/2024
    United Kingdom

    Loss of Chance in broker’s negligence claim - Norman Hay PLC v Marsh Ltd

    In a judgment dated 8 May 2024 the Commercial Court has held that where a broker’s negligence has resulted in no insurance policy being available, a claimant is not required to prove on the balance of probabilities that a putative insurer would in fact have indemnified the claimant. Rather, the Court’s assessment of causation and loss needs to involve consideration of the ‘loss of chance’ aspect including whether the putative insurer would have engaged in dealing with the underlying claim against the claimant and whether it would have provided an indemnity of some sort.BackgroundNorman...
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  •  
    30/04/2024
    United Kingdom

    Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple claims in one claim form

    The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to bring their claims on a single claim form.BackgroundIn Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376, the defendant applied to strike out the claim form on the grounds that it was an abuse of process, or was an obstruction to the just disposal of the proceedings, or otherwise that the claim form did not comply with CPR 7.3.CPR 7.3 provides that “[a] claimant may...
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  •  
    15/04/2024
    United Kingdom

    Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

    In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...
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  •  
    04/04/2024
    England and Wales

    Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

    In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...
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