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In a surprise to the personal injury sector, the UK Government has ditched plans for further reform of the whiplash claims process. Here, we look at the Ministry of Justice's response to issues within Part Two of the ‘Reforming the Soft Tissue Injury Claims Process’ consultation and what this means for fraudulent claims.
In this report, Kennedys experts explore key legal and regulatory developments, and provide an overview of the business critical topics which motor and transport insurers should consider as they plan for operational resilience in 2022.
This week’s decision by the Eleventh Circuit in McNamara v. Gov't Employees Ins. Co., __ F.4th __, No. 20-13251, 2022 WL 1013043 (11th Cir. Apr. 5, 2022) expands the circumstances under which insurers in Florida may face exposure to third-party bad faith claims. At issue in McNamara was whether a bad faith action based on the insurer’s failure to settle a claim within policy limits may be predicated on a consent judgment between the claimant and insured, rather than a litigated judgment against the insured.
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
Dram shop actions: The importance of knowing the jurisdiction’s rules on permitting common-law negligence claims
A significant number of dram shop complaints include allegations of common law negligence in addition to the allegations of the liquor liability under the jurisdiction’s relevant statute.
The Ninth Circuit Court of Appeals delivered favorable decisions for insurers in a trio of rulings last week.
The Florida Legislature passed comprehensive property insurance reform before the end of the 2021 Legislative Session, which concluded on Friday, April 30. Senate Bill 76 (“SB 76”) represents the latest attempt to curb litigation trends over first-party property claims and curtail the rise of property insurance premiums by limiting the circumstances in which attorney’s fees are awarded to prevailing insureds and imposing pre-suit requirements on plaintiffs.
In 1997 Harold Skipper wrote about the ways in which insurance contributes to society and economic growth by aiding economic development and stability. However, when claims have to be defended or declined, these can be difficult stories to tell to those outside the industry and without the context of being informed on the issues.
Last year brought many new challenges and obstacles. There was however, one constant; the Fundamentally Dishonest claimant. Here are some of our favourite “GOTCHA” moments from 2020.
In a recent article Martin Stockdale worked with colleagues across Kennedys in reviewing the recent report of the Civil Justice Council (CJC) Working Group on low value personal injury claims. Part of their debate and discussion focussed on reforms that address the fraudulent, or unmeritorious, claims. In this post he reprises their review of the main issues.