Insurance

Recent Articles

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  13.09.2023

  United Kingdom

  What’s all the RAAC-et about?

  Concerns around Reinforced Autoclaved Aerated Concrete (“RAAC”) have become increasingly widespread since the Department for Education recently issued new guidance on the material’s management in the context of school buildings. As a result of the guidance, schools across the UK known to contain RAAC have closed, and alternative venues have been sought to commence the new school term.Problems associated with RAAC are not however exclusive to the public sector. RAAC was commonly used for the construction of roof decks, walls, and floor reconstructions across a broad spectrum of...

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  05.09.2023

  Oman

  The New Oman Social Protection Fund Law - Key Changes

  The Sultanate of Oman as a welfare state has for long operated under the old Public Authority for Social Insurance (PASI) Law (Royal Decree 72/9). Recently however, Oman has enacted the novel Social Protection Fund Law (SPFL) (Royal Decree 52/2023) in an attempt to enhance its social welfare framework by creating a single and unified social protection fund that improves financing and provides a wide range of benefits to workers and their families. This article provides an overview of some of the key aspects of the new law and compares it with its repealed predecessor, by highlighting the key impacts...

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  04.09.2023

  Romania

  Romania extends insurance policies from Euroins Romania to avoid market consequences

  On 31 August 2023, the Romanian government passed emergency Government Ordinance (GEO 2023), which extends by 90 days the validity of the insurance policies issued by Euroins Romania Asigurare-Reasigurare S.A., which is now in bankruptcy. Prior to the issuance of GEO 2023, motor third liability insurance policies (MTPL) issued by Euroins Romania were due to expire on 8 September 2023 while the guarantee policies issued by this insurer were due to expire within 150 days after the opening of its bankruptcy procedure (i.e. 7 November 2023). According to a government statement, GEO 2023 has been enacted...

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  26.07.2023

  Netherlands

  Dutch Supreme Court provides more clarity on when the two-month period commences within which an insurer can invoke the consequences of non-dis­clos­ure

  Relevant legal provisions and introduction Article 7:928 paragraph 1 of the Dutch Civil Code (DCC) states that prior to entering into the insurance agreement, the policyholder has an obligation to disclose to the insurer all facts of which he is aware, or ought to be aware, and on which, as he knows or ought to understand, that the decision of the insurer whether, and if so, on what terms, the latter is willing to enter into the insurance, will or may depend. Article 7:929 paragraph 1 DCC states that an insurer that discovers non-compliance with a disclosure obligation described in Article 7:928...

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  14.07.2023

  United Kingdom

  (Un)Reas­on­able alternative treatment – In the Eyes of the MD Holder - The Supreme Court rows back on Montgomery consent

  The case of McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26 is significant as it addresses the appropriate legal test when looking at what constitutes “reasonable alternative treatment”. The Supreme Court unanimously dismissed the appeal and found that the professional practice test set out in Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 (“Bolam”) is the correct legal test in determining  a doctor’s responsibility to discuss reasonable treatment options when obtaining a patient’s...

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  28.06.2023

  United Kingdom

  Court of Appeal guidance: when do pro­fes­sion­als owe duties to third parties?

  The Court of Appeal recently handed down their judgment in respect of claims by investors in certain tax schemes against the tax barrister, Andrew Thornhill KC. Mr Thornhill KC acted for the promoter of the schemes. The Court of Appeal found that he had not owed the investors a duty of care in providing his opinion to the promoter that the schemes were viable and would, if challenged, be found to be in compliance with relevant tax law requirements.As well as being of interest to the tax bar who are frequently called to give a view on the viability of prospective tax arrangements, the decision will...

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