Seguros

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Artículos Recientes

  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    12/03/2024
    Belgium

    Ready for DORA? It applies to you!

    GB NL FR
    Our era is marked by major technological developments, which can give rise to new risks and challenges. This is true for the financial sector, which is undergoing constant digitalisation and, in parallel, is seeing its exposure to the risk of cyberattacks grow exponentially. With this in mind, the European legislator decided to adopt a European regulation, the Digital Operational Resilience Act (“DORA”). In short, this new European regulation aims to ensure that (certain) stakeholders in the financial sector have adequate resources to withstand any cyberattacks.DORA's personal scope...
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  •  
    12/03/2024
    Ukraine

    Ukraine launches official website of the Register of Damage

    On 4 March 2024, the official website of the Register of Damage for Ukraine was launched. The website sheds light on the forthcoming modes of operation of the Register of Damage and outlines the general requirements for claims to be accepted.The Register of Damage will record claims filed by individuals, entities, and the Ukrainian state for compensation for damage, loss, and injury resulting from aggression by the Russian Federation. The Register will also receive and keep the supporting evidence of these claims.The Register of Damage will only accept claims filed digitally through the Ukrainian...
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  •  
    07/03/2024
    United Kingdom

    University’s Duties towards Disabled Student - The University of Bristol v Dr Robert Abrahart [2024] EWHC 299

    This judgment concerns the tragic case of a second-year physics student at the University of Bristol (the “University”) who ended her own life in April 2018. She had been diagnosed with depression and social anxiety disorder, which qualifies as a disability under the Equality Act 2010 (the “Act”). As part of her course, she was required to present orally, with other students, the findings of an experiment they conducted and to answer questions about the experiment and the relevant underlying principles of physics. It was accepted as a fact that the cause of her death was...
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  •  
    22/02/2024
    United Kingdom

    Establishing liability under the Third Parties (Rights against Insurers) Act 2010 - Scotland Gas Networks Plc v QBE UK Ltd [2024] CSOH 15

    The Scottish Court of Session has, for the first time, considered what is required to establish a ‘liability’ for the purposes of the Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”). In this matter, the Court found that a ‘decree in default’, issued due to the insolvent Insured’s failed to appear at a procedural hearing, was sufficient to establish ‘liability’.The decision is significant as, while insurers would usually have the right to ‘look behind’ a decision or settlement to form a view on whether the insured...
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  •  
    13/02/2024
    EU

    EU legislative initiatives on recovery and resolution planning for insurance undertakings are taking shape

    With the compromise proposal for an Insurance Recovery and Resolution Directive (IRRD) published by the EU Council in January 2024, EU legislative initiatives to establish a recovery and resolution framework for insurance undertakings are taking shape. The following article has summarised selected aspects concerning Austrian (and potentially other EU) insurers, which - from experience with early stages of the Bank Recovery and Resolution Directive (BRRD) - are of particular interest for group-wide asset liability management and capital planning, collateral management, the product landscape and...
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