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In UK RTA claims, claimants traditionally had little trouble proving their injuries. However, developments in the law over recent years have been a game-changer.
Following the publication of The Legal 500 UK 2022, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
A roundup of recent court decisions raising issues relating to fatal accident claims, tour operator liability, the law on primary victims in Scotland, and whether or not to plead fundamental dishonesty.
Tort of deceit, reopening a claim and setting aside settlements: deterring fraudulent claims – Part 2, Chapter 2
Daniel Sandler's recent series of blogs have looked at deterring fraudulent claims, firstly by way of industry-wide measures and secondly focusing on enforcement options in the form of adverse costs orders. In this blog he considers some of the further civil sanctions available to insurers.
Case review 29/07/2021
In this month’s Brief, we highlight several recent judgments where courts have accepted the defendants’ surveillance and expert evidence and awarded sums much lower than what has been claimed.
In my earlier blog on deterring fraudulent claims, I looked at the deterrent measures put in place by the insurance industry to combat fraud. This blog focuses on the enforcement options available to defendants to not only recover their outlay, but also how enforcement action can make the pursuit of fraudulent claims much less attractive for a would-be fraudster.
Since the beginning of insurance, fraud has existed. Paul Miller, a History Ambassador at the Insurance Museum joined us for a webinar recently. He took us on a journey through insurance history, by sharing some of the fraud stories held in their archives. Here we share some of the cases and consider what lessons can be learned as the problem of fraud constantly evolves…
In this blog post, Michael Bickerstaffe takes a look at the formalities of challenging fraudulent claims, pre and post litigation.
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
The implications of the Delaware Supreme Court’s pronouncement that D&O liability for actual fraud is insurable
On March 3, 2021, the Delaware Supreme Court announced in RSUI Indemnity Co. v. Dole Food Company, Inc., et al., 248 A.3d 887 (Del. 2021) (“Dole”), that Delaware public policy permits indemnity insurance coverage for liability arising from fraud. Therefore, in Delaware, unscrupulous executives found to have lied to investors may potentially avoid direct responsibility for any damages caused and simply pass the buck for any judgment or settlement to the company’s Director’s & Officer’s (“D&O”) insurer.