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Case review 24/02/2021
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
Article 24/02/2021
The New York Appellate Division, Second Department held that, absent express policy language, an insurer is not entitled to recoup defense costs despite a determination that the insurer had no obligation to defend or indemnify the insureds. The insurer reserved its rights to seek reimbursement of the defense costs it paid, but the court found that because the policy did not contain language allowing for recoupment, permitting the insurer to do so would essentially create a contractual right not provided for in the policy.
Article 24/02/2021
A recent decision by a New York trial court highlights the impact corporate structure has on the scope and availability of directors and officers (D&O) insurance. The Commercial Division of New York’s Supreme Court applied an insured capacity exclusion to preclude D&O coverage for American Realty Capital Properties and related entities (AR Capital) and their directors and officers. The opinion, issued on February 2, 2021, highlights the importance of confirming that alleged wrongful conduct was undertaken in an insured capacity for D&O coverage.
Article 23/02/2021
The EU-UK Trade and Cooperation Agreement (TCA) provides the basis for further legal certainty to be agreed following the end of the transition period on 31 December 2020. It was, as we all saw, a fairly tortuous journey and securing a deal seemed impossible at times because both sides had very different aims in mind.
Article 23/02/2021
The UK officially left the EU in January 2020 with the implementation period, or transition stage, concluding on 31 December 2020 and the new UK/EU a trade deal finally agreed on 24 December 2020. However, large technology companies such as Facebook and Google did not leave their preparations until the last minute.
Case review 22/02/2021
Murphy v HSE, a recent Court of Appeal decision, confirmed the correct legal test for the renewal of a Summons under Order 8 RSC, whereby it is now sufficient for the plaintiff to demonstrate “special circumstances” to justify the renewal.
News 22/02/2021
Kennedys continues to deepen its bench of offerings with the addition of partner Jared Greisman to its New York office. He joins from Goldberg Segalla, where he was a partner in the global insurance services team and chaired his first-party property practice.
Article 19/02/2021
In this article, we provide perspectives from both the United Kingdom and United States on compliance with safety measures during the pandemic, discuss the shift in responsibility to ‘police’ rules and regulations from individuals to retailers, and offer a glimpse into the future in terms of the likely claims retailers may face.
Article 19/02/2021
The outcome of two Canadian product class actions in 2020 signal hurdles claimants may face around the globe in 2021 in alleging adverse health effects in mass tort claims involving products for consumption such as medical cannabis, other pharmaceutical products and food.
Case review 19/02/2021
“New ways of working organised through digital platforms pose pressing questions about the employment status of the people who do the work involved”. So said the UK Supreme Court today in its judgment in the high-profile case of Uber BV v Aslam and others. The court dismissed Uber’s appeal and found that Uber drivers are ‘workers’ for UK employment rights purposes.
