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Article 20/11/2020
Communications and information exchanged between adjusters and in-house counsel for insurance companies present unique challenges for application of the work product protection, and the law is not uniform in this area. This article will explore the factors considered by courts in determining whether such communications and information are protected from disclosure to the insured and/or third-party claimant and the typical disputes that arise in both coverage and bad-faith litigation.
Article 19/11/2020
In a recent unanimous decision, the New Jersey Supreme Court in Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020), reversed the Appellate Division’s ruling and enforced the parties’ arbitration agreement. In Flanzman, the plaintiff signed an “Arbitration Agreement” in connection with her employment with Jenny Craig, Inc., which provided, in part, that “all claims or controversies arising out of or relating to Employee’s employment, the termination thereof, or otherwise arising between Employee and Company shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration.”
Article 18/11/2020
Did you know your company’s privacy obligations may have changed? Privacy laws are continuing to develop in the United States. California is the latest state to pass changes to its privacy legal framework.
Article 18/11/2020
After years of relative calm and stability in the professional indemnity market and ahead of the traditional 1 December renewal, we look at whether recent developments suggest changes may be afoot in the solicitors' professional indemnity insurance (PII) market.
News 18/11/2020
Kennedys has appointed partner Tobin Ashby to its growing corporate insurance, financial regulation and products practice as part of a strategic drive to expand its non-contentious services to the insurance sector.
Blog 17/11/2020
The Financial Conduct Authority (FCA) has recently issued a Portfolio strategy to claims management companies (CMCs). This essentially outlines their vision for the CMCs and the regulation strategy from now until July 2022. The letter covers the ‘key drivers of harm’ as identified by the FCA. The behaviours which the FCA have noticed from CMC’s which can mislead their consumers to their detriment and breed fraud.
Article 16/11/2020
Although a cornerstone of the modern commercial world, HMRC has always experienced operational difficulties with entities such as companies that enjoy the benefit of limited liability. To overcome this, in the last few years HMRC has attempted to introduce measures to “pierce the corporate veil”, that is the “veil” that shields shareholders from personal responsibility for the debts of the businesses they own.
Case review 10/11/2020
On 28 October 2020, the High Court handed down summary judgment in the related proceedings of Baines v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box. The judgment is important for professional indemnity insurers as to aggregation in cases involving the theft of client monies.
News 10/11/2020
We are pleased to announce that we have been recognised as one of the Best Law Firms in England and Wales for professional negligence in The Times' Best Law Firms 2021.
News 09/11/2020
Kennedys is delighted to announce the appointment of financial lines specialist Emily Schneider as a partner in the firm’s Insurance group in Melbourne. Emily joins Kennedys from Barry.Nilsson, where she was a special counsel.
