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Case review 06/23/2022
Lessons from Kozarov: the potential for psychiatric injury claims
In April, the High Court handed down its judgment in Kozarov v Victoria, an appeal that sheds light on an employer’s duty of care to prevent psychiatric injury to its employees. The Court reinstated the appellant’s first instance damages award of $435,000, and awarded costs in the appellant’s favour.
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Article 06/23/2022
The Building Safety Act 2022: key points for Scottish practitioners
Five years on from the Grenfell Tower fire, the Building Safety Act 2022 is set to make major changes to the law and practice of the construction industry when it starts to come into force at the end of this month.
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News 06/23/2022
Global growth for Kennedys continues
We have reported our highest ever revenue of £286m, up 8% from £264m* the previous year. The most significant growth came in North America, where revenue was up 24% to £55m, following a continued growth period fed by work from new and existing clients, a series of lateral hires and the opening of a new office in Delaware.
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Article 06/22/2022
Claims Apprentice 2022: Episode 2 – Claims Handling Challenge
The second episode of the third series of Claims Apprentice, in association with Insurance Post, launched today and is now available to view here.
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Article 06/20/2022
Limitation and the UK Building Safety Act: new claims and what insurers may have missed
The Building Safety Act 2022 became an Act of Parliament on 28 April 2022, bringing with it the most wide-ranging changes to building safety that the UK has ever seen. We consider its impact on the insurance sector.
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Article 06/20/2022
The challenges for insurers in tackling climate change
Insurers must continue to support climate change research and forecasting, as well as commit to sharing it for the common good. Extinction Rebellion’s protests outside Lloyd’s headquarters in April 2022 made headline news, highlighting the real demands that the insurance industry is facing to tackle climate change.
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News 06/20/2022
Kennedys achieves excellent rankings in The Legal 500 and Chambers USA 2022
Following the publication of The Legal 500 and Chambers USA 2022, Kennedys has seen some impressive rankings in the latest guides to leading law firms and lawyers across the United States.
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Article 06/16/2022
A building action's limitation period commences from the date the occupancy permit is first used
The Court of Appeal in Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022] VSCA 105 has unanimously allowed a builder’s appeal and confirmed that, under section 134 of the Building Act 1993 (Vic), the 10-year limitation period for a building action in respect of defective building work commences on the date an occupancy permit is first issued, not from when the final occupancy permit is issued.
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Article 06/16/2022
Louisiana appellate court reverses COVID-19 coverage ruling
A Louisiana intermediate appellate court issued its decision in the appeal of Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s, London et al., Case No. 2021-CA-0343, on June 15, 2022. The plurality decision of the court is notable as it is the first appellate ruling in the country to have reversed a trial court’s order in favor of insurers and find coverage under standard commercial property policy language for business interruption loss related to the COVID-19 pandemic.
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Article 06/15/2022
Second Circuit Ruling: The Bellefonte Rule “No Longer Good Law”
The United States Court of Appeals for the Second Circuit rejected the Bellefonte Rule, which reinsurers relied upon to cap liability under certificates of facultative reinsurance for indemnity and expense.