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Report 02/02/2023
A quantum comparison: assessment of damages around the world
In this quantum comparison report, we provide an overview of the approach to claims, capturing the insights from our medical negligence experts in Australia, Canada, France, Hong Kong, Ireland, Israel, Latin America, Portugal, Spain and the UK.
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Report 30/01/2023
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
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Article 24/01/2023
Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or a longshoreman, which determination is based on the individual's job duties, the nature of their work, and the specific circumstances under which the individual is employed, is critically important. The Jones Act, 46 U.S.C. § 688, and the Longshore and Harbor Workers' Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., each provide different legal protections and remedies for workers who are injured on the job.
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Article 20/01/2023
New regulatory rules to limit the tenure of Independent Directors in a move to strengthen corporate governance in Singapore – are these changes enough?
Singapore Exchange Regulation (SGX RegCo) recently announced that it is compulsory for listed companies to limit the tenure of independent directors to nine years. Independent directors who presently exceed the nine-year limit will be deemed independent only until the issuer’s annual general meeting is held for the financial year ending on or after 31 December 2023.
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Case review 19/01/2023
Clarity provided on test for "unusual and unexpected" event under Montreal Convention
High Court of England and Wales provides clarification on the test to be applied in determining whether an event resulting in bodily injury during carriage by air amounts to an accident within the meaning of the Montreal Convention 1999.
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Article 19/01/2023
Medical law: best interests – planning ahead
Cases concerning ethical and moral decision making always attract widespread interest. In our recent Medical Law Group seminar in Cambridge – Best Interests - Planning Ahead – we explored many of the reasons for this and how decision-making could become less committee-led.
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Article 12/01/2023
Regulating AI in the life sciences sector
Financier Worldwide (FW) discusses regulating AI in the life sciences sector with Samantha Silver, Sarah-Jane Dobson, Charlie Whitchurch and Paula Margolis at Kennedys Law LLP.
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Article 09/01/2023
Getting physical: Ohio Supreme Court holds that software cannot be physically damaged and endorsement covering software must be triggered by physical loss or damage to covered property
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.
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Article 06/01/2023
California's legislature provides new guidelines and requirements for time-limited demands
A new year inevitably brings changes to existing laws and “time-limited demands” are no exception. Parties and jurists use different names to refer to such demands, including “time limit demands,” “policy limit demands,” or “time-limited settlement offers.” They may also take the form of statutory “998 Offers to Compromise” pursuant to California Code of Civil Procedure § 998, which often seek a specific amount equal to the limits of an insurance policy.
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Article 22/12/2022
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.