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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.
This year’s Queen’s Speech outlined the UK Government’s plan to 'level up' opportunities across all parts of the UK, supporting jobs, businesses and economic growth, and addressing the impact of the pandemic on public services.
QOCS will be in force in Scotland from 30 June 2021 and it will change the way that personal injury cases are litigated in Scotland. Time will tell the true extent of this change and the impact on fraud in Scotland. Will the new rules leave the door open to questionable cases or will the exceptions shine the light the pursuer’s conduct and potentially act as a deterrent?
“Crash for Cash” is a common insurance fraud scam in which individuals will fabricate, stage, or, on the more extreme end of the scale, cause, road traffic collisions with a view to bringing claims for compensation.
Kennedys is growing its London team with the hire of three partners from the BLM catastrophic injury team, Antony French, Anthony Rawlins and Deirdre Burgess. They will also be joined by six associates and a litigation assistant from BLM.
Much of the conversation around reducing the number and cost of fraudulent claims centres around detecting and then defeating them. But what if we could prevent them from being brought in the first place? In this series of three blog posts, Daniel Sander looks at how we can seek to deter fraudulent claims from the outset.
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.
Kennedys has relocated its Manchester team to new premises in the city following further expansion in the team. Kennedys opened in Manchester in October 2008 with a team of 12 and in October 2016 the team moved to larger premises in The Tootal buildings.
Michael Bickerstaffe takes a look at the situation where a claimant, pursuing an injury claim, has been found fundamentally dishonest and tries to prevent dismissal of the claim.
Kennedys IQ has taken Portal Manager, its unique, end-to-end solution for compensators, to the next level by using artificial intelligence to assess medical evidence and recommend a damages figure for insurance claims in the MoJ Portal.