1
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CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B

Introduction

From an assessment of the new case law on fraudulent claims through to how policy terms have been changing in response to the 2015 Insurance Act, this topical conference presents a range of hot topics delivered by a panel of highly experienced insurance law experts.

Conference Agenda

9.30am - 10.15am: Review of Recent Cases

Tim Marland, Quadrant Chambers

This session will cover a range of recent cases, including:

  • Amlin Corporate Member v (1) Baby Basics (2) Vital Innovations
  • Gard Marine v China National The Ocean Victory
  • Peel Port Shareholder Finance Company Ltd v Dornoch
  • AXA Versicherung AG (successor to Albingia) v Arab Insurance Group (B.S.C.)
  • Zurich Insurance plc v Maccaferri Limited
  • Great Lakes Reinsurance (UK) SE v Western Trading Ltd
  • Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents)

10.15am - 11.00am: Brokers Negligence

Daniel Shapiro, Crown Office Chambers

The Courts have placed tremendous burdens on insurance brokers in recent years through the duty to protect the insured against the risk of litigation and the approach overall to errors by brokers.

This session will discuss the implications of those burdens and, in particular the judgments in:

  • FNCB v Barnett Devaney and Involnert

11.15am - 12.00pm: Professional Indemnity Insurance

Clare Dixon, 4 New Square Chambers

Disputes regarding professional indemnity insurance are usually resolved behind the closed doors of an arbitration so it is unusual for the Supreme Court to have given a view on the meaning of one clause let alone two.

This talk will look at the decisions in, and consequences of, Impact v Barrington Support Services Limited [2017] AC 73 and AIG v Woodman [2017] 1 WLR 1168 focusing on:

  • The scope of the trade debts exclusion in solicitors' professional indemnity policies
  • The distinction between exemption clauses (which exclude or limit liability arising by operation of the law) and clauses which delineate the scope of the primary liability
  • The effect of aggregation clauses for insurers and the insured
  • The specific meaning of a clause which aggregates 'similar acts or omissions in a series of related matters or transactions'

12.00pm - 12.45pm: Fraudulent Claims

Simon Kerr, 7 King's Bench Walk

Fraudulent claims continue to be a very costly problem for the insurance industry. One of the principal legal weapons in the fight against such fraud has been the common law rule against fraudulent claims.

The scope of the rule has been clarified by the recent Supreme Court decision in Versloot Dredging BV v HDI Gerling and further clarity (concerning the insurer's remedies) has been introduced by the recent Insurance Act 2015 which has put the rule on a statutory footing.

The following issues will be addressed:

  • The meaning of 'fraudulent claim'
  • Remedies in respect of contracts pre-dating the commencement of the 2015 Act
  • The ambit and effect of the Supreme Court decision in Versloot Dredging
  • Remedies under the 2015 Act
  • Contractual remedies

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Litigation Hotspots of the Insurance Act 2015

Richard Harrison and Thomas Cordrey, Devereux Chambers

A year after the Act came into force; this session will consider where disputes are arising and examine the likely sources of litigated claims.

It will include:

  • How policy terms have been changing in response to the Act
  • Unfair presentations - how litigated disputes are changing in light of the new regime
  • Why agreements as to fair presentation are often ineffective - more effective alternative strategies explained
  • Testing the boundaries of reasonable enquiry
  • Contracting out - how to identify hidden or inadvertent contracting out and when it may be effective
  • Liability claims - why section 11 may be hiding a bear trap for insurers and be an additional saviour for policyholders
  • Late payment claims:
    • Proving responsibility for delays;
    • Identifying high risk and high value claims

2.50pm - 3.40pm: Late Payment - Now Insurers Pay the Price

Bill Perry, Carter Perry Bailey

Until a few years ago, the idea of getting damages for late payment of insurance claims was considered strange - the claimant got interest, after all.

Now s.13A Insurance Act 2015 provides for just that. So when and why does this new idea bite? How can this be avoided? Will such damages be recoverable from reinsurers?

This session will include:

  • Why damages as well as interest?
  • What actually is late payment?
  • Does this curtail investigation?
  • Does the time taken to dispute a claim automatically mean payment is late?
  • How much?
  • Recovery from reinsurers

3.55pm - 4.45pm: Closing Address: Liability Insurers and Long Tail Disease Claims

Michael Kent QC, Crown Office Chambers

Michael has appeared in a number of recent significant cases on this topic and he will examine:

  • Recovery of Medical Costs for Asbestos Diseases (Wales) Bill:
    • Reference to the Supreme Court on compatibility of retrospective legislation imposing on liability insurers obligation to reimburse NHS costs in asbestos disease claims
  • International Energy Group plc v Zurich Insurance
    • Insurance gaps and equitable right of recoupment from the insured; contribution from successive insurers; effect of right of recoupment on claims under the Third Parties (Rights against Insurers) Act 1930 and the 2010 replacement legislation
  • Heneghan v Manchester Dry Docks Ltd
    • Lung cancer accompanied by asbestos exposure; proof of causation; multiple defendants none responsible for a sufficient dose to satisfy the 'but for test'; Fairchild test satisfied but each liable for a proportion only of the damages
  • Carder v University of Exeter
    • Material but very small contribution to claimant's asbestosis but no discernible additional adverse effect on claimant; whether claimant suffering actionable damage
  • Cape Distribution Ltd v Cape Intermediate Holdings plc (no 2)
    • Subrogated recovery action for mesothelioma outlay against party who became co-insured part way through wrongful exposure to asbestos; whether full, nil or partial recovery

4.45pm - Close: Questions & Answers

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Conference | 03.10.2017

London | 9:30am - 5:15pm


Insurance Law Conference 2017

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Oct
3
2017
London
9:30am - 5:15pm
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£250
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£375
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£500
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