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Article 05/10/2022
Professions and Financial Lines Brief: latest decisions May 2022
In this briefing, we consider the latest court decisions raising issues for the Quincecare duty, contribution claims against counsel, non-disclosure of material facts, COVID-19 business interruption losses and aggregation of claims.
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Report 05/06/2022
Climate disclosures: a global risk driver in financial lines
With mandatory climate disclosures becoming law in the UK, effective from 6 April 2022, and the United States Securities & Exchange Commission announcing its long awaited climate disclosure rule on 21 March 2022, this report provides a snapshot of the approach towards climate disclosures in some of the jurisdictions in which Kennedys operates, before focusing on what this means for our policyholder and insurer clients in the financial lines arena.
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Article 04/21/2022
Intelligence: what does the future hold for ESG chief officers?
With the growing importance of environmental, social and governance issues, companies are starting to recruit people to senior executive positions to oversee their strategies. Pamela Kokoszka investigates if the role of chief ESG officer is here to stay, or – if like the role of chief digital officers recruited in the 2010s – will be absorbed elsewhere once ESG becomes more embedded within their employers.
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Article 03/31/2022
Short-seller reports in SPAC litigation: credible evidence or fabricated self-interest?
The use of Special Purpose Acquisition Companies (SPACs) has exploded in recent years. SPACs are an increasingly popular way for private companies to become publicly traded without undergoing a traditional initial public offering.
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Article 03/29/2022
Another California court broadly interprets “arising from” in a contractual liability exclusion
The broad-form contractual liability exclusion is a key exclusion in private company directors and officers liability policies. On January 28, 2022, in TriPacific Capital Advisors, LLC v. Federal Insurance Company, the United States District Court for the Central District of California addressed the broad-form contractual liability exclusion. The court held that the exclusion applied to bar coverage for an entire lawsuit, notwithstanding the fact that the plaintiff alleged breaches of fiduciary duty. The decision has significant implications for D&O insurers and policyholders.
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Article 03/24/2022
SEC issues proposed regulations on climate-related disclosures and D&O implications
Across Europe and the United States there has been a growing focus on Environmental Social and Governance (“ESG”) regulations for corporations.
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Report 02/28/2022
Causing climate change…a new tort? A cross-jurisdictional review
Following the New Zealand Court of Appeal decision of Smith v Fonterra Co-operative Group Limited [2021], Kennedys experts in New Zealand, Australia, the United Kingdom and United States provide a cross-jurisdictional review of the risk of this potential new tort also emerging in their respective countries.
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Article 12/16/2021
Professions and Financial Lines Brief: latest decisions December 2021
In this briefing, we consider the latest court decisions relating to abuse of process, duties of accountants as introducers, pre-action disclosure, policy interpretation, late notification, reflective loss principle and inducement.
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Article 12/09/2021
The Senior Executive Accountability Regime – Key points for directors' and officers' (D&O) insurers
Ireland is set to increase regulatory oversight of persons with decision making power in regulated financial entities. The changes being proposed are likely to lead to an increase in both the number of claims made under the directors' & officers' (D&O) insurance policies of those regulated entities and the costs incurred in respect of those claims.
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Article 11/29/2021
Insurance Post TV: COP26 climate summit special featuring Kennedys
In the latest episode of Insurance Post TV, experts across the insurance sector preview the COP26 climate summit in Glasgow, which took place from 31 October until the middle of November.