Insurance & Reinsurance

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Recent Articles

  •  
    03/07/2025
    Europe

    ESMA Releases Practical Guidance on Sus­tain­ab­il­ity Claims and ESG Credentials

    On 1 July, the European Securities and Markets Authority (“ESMA”) released “thematic notes” on sustainability claims. ESMA emphasises that these are intended to inform and educate market participants about making clear, fair and not misleading sustainability claims, with the initial thematic note focussing on references to “ESG credentials” (e.g. participation or involvement in voluntary alliances or initiatives, ESG labels, ESG awards and comparisons to peers). ESMA states that other thematic notes will follow on other topics as judged necessary.Key ExpectationsBuilding...
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  •  
    01/07/2025
    Europe

    ESA Consultation Paper on Guidelines for Integrating ESG Risks into Stress Testing

    On 27 June 2025, the European Supervisory Authorities (“ESAs”) jointly published a consultation paper setting out proposed guidelines for integrating environmental, social, and governance (“ESG”) risks into supervisory stress testing activities.The consultation paper is part of the ESAs’ mandate under the revised legislation (including the Capital Requirements Directive and Solvency II) and seeks to establish consistent and robust supervisory practices in assessing ESG risk exposures.In summary, the draft guidelines are intended to harmonise how competent authorities...
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  •  
    16/06/2025
    Belgium

    Attention insurers: expert documents are not secret

    FR
    The assistance of a technical expert is often crucial for insurers when investigating a claim. Such expert documents are usually not shared with the insured and/or beneficiary under the policy. Indeed, the reports may contain findings or interpretations that are detrimental to the coverage position the insurer wishes to take with regard to the insured and/or beneficiary. Insurers therefore regularly take the position that the documents prepared by their appointed expert are confidential. This position has been challenged by recent case law. In a recent case before the Antwerp Enterprise Court,...
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  •  
    12/06/2025
    Austria

    EU Buildings Directive in Austria: De­car­bon­iz­a­tion of the real estate sector in Austria remains on the agenda despite global uncertainties

    DE
    Amid ongoing global challenges – from the war in Ukraine and the aftermath of the COVID-19 pandemic to economic uncertainties and volatile (energy) markets – many long-term political issues have temporarily faded into the background. Nevertheless, decisive action on climate protection remains a high piority for the European Union and therefor aldo the national legislator in Austria, particularly with regard to the decarbonization of the building sector. The revised EU Energy Performance of Buildings Directive (EPBD) is a direct response to the urgent need to reduce energy consumption...
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  •  
    03/06/2025
    APAC region

    Cyber Space: Global insights on cyber and data risk for insurers

    Issue 3, June 2025. Navigating the wave of increased cyber regulation in APACThe Asia-Pacific (“APAC”) region is riding a wave of increased cyber regulation, with Singapore, Malaysia, and Hong Kong each rolling out significant legislative changes to strengthen cyber resilience and accountability. This article explores how these legislative developments are reshaping the compliance landscape for organisations, especially those operating critical infrastructure or digital services.The common thread running through these developments is a clear move towards more robust regulatory oversight....
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  •  
    27/05/2025
    England and Wales

    Vicarious liability and contracted bouncers – haven’t we been here before?

    In Burger v JD Wetherspoon and Risk Solutions BD Ltd [2025] EWHC 1259 (KB) the High Court, on appeal, found that JD Wetherspoon (JDW) was not vicariously liable for an assault carried out on a customer by two “door supervisors” employed by its contractor, Risk Solutions BD Ltd (RS).RS was a genuine independent contractor. As such, it was not necessary to consider whether the relationship between JDW and the door supervisors was sufficiently analogous to an employment relationship to impose vicarious liability.The factsJDW engaged RS to provide security services at one of their pubs....
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