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Article 26-02-2021
On February 18, 2021, the Bermuda Monetary Authority (BMA) released its annual Bermuda Cyber Underwriting Report. For those unfamiliar with the Report, the publication outlines statistics, findings and general recommendations regarding cyber underwriting and, “to a lesser extent,” operational cyber resiliency. Its findings and suggestions were similar to the Cyber Insurance Framework guidance recently published by the New York Department of Financial Services.
Case review 24-02-2021
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
Article 24-02-2021
The New York Appellate Division, Second Department held that, absent express policy language, an insurer is not entitled to recoup defense costs despite a determination that the insurer had no obligation to defend or indemnify the insureds. The insurer reserved its rights to seek reimbursement of the defense costs it paid, but the court found that because the policy did not contain language allowing for recoupment, permitting the insurer to do so would essentially create a contractual right not provided for in the policy.
Article 24-02-2021
A recent decision by a New York trial court highlights the impact corporate structure has on the scope and availability of directors and officers (D&O) insurance. The Commercial Division of New York’s Supreme Court applied an insured capacity exclusion to preclude D&O coverage for American Realty Capital Properties and related entities (AR Capital) and their directors and officers. The opinion, issued on February 2, 2021, highlights the importance of confirming that alleged wrongful conduct was undertaken in an insured capacity for D&O coverage.
Case review 23-02-2021
A recent decision of the Full Federal Court is likely to significantly reduce the number of general protections dismissal applications progressing from the Fair Work Commission (FWC) to a federal court for hearing. The FWC will now decide whether there has been a dismissal, if that issue is in question, when the application is lodged with the FWC rather than leaving it to a federal court to decide. If the FWC decides that there has been no dismissal and declines to issue a certificate, the matter will end, saving employers and their insurers the costs of a federal court proceeding.
Article 23-02-2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
Article 23-02-2021
The UK officially left the EU in January 2020 with the implementation period, or transition stage, concluding on 31 December 2020 and the new UK/EU a trade deal finally agreed on 24 December 2020. However, large technology companies such as Facebook and Google did not leave their preparations until the last minute.
Case review 22-02-2021
Murphy v HSE, a recent Court of Appeal decision, confirmed the correct legal test for the renewal of a Summons under Order 8 RSC, whereby it is now sufficient for the plaintiff to demonstrate “special circumstances” to justify the renewal.
News 22-02-2021
Kennedys continues to deepen its bench of offerings with the addition of partner Jared Greisman to its New York office. He joins from Goldberg Segalla, where he was a partner in the global insurance services team and chaired his first-party property practice.
Article 19-02-2021
In this article, we provide perspectives from both the United Kingdom and United States on compliance with safety measures during the pandemic, discuss the shift in responsibility to ‘police’ rules and regulations from individuals to retailers, and offer a glimpse into the future in terms of the likely claims retailers may face.
