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Case review 03/12/2021
This recent decision emphasises the importance of careful drafting by insurers of the questions posed to potential insureds at policy placement – the answers being crucial to the duty of fair presentation, misrepresentation and/or an insured’s obligation to disclose material facts.
In the latest episode of Insurance Post TV, experts across the insurance sector preview the COP26 climate summit in Glasgow, which took place from 31 October until the middle of November.
Impacts of the Spanish Climate Change and Energy Transition Act and EU Taxonomy on financial institutes and their insurers
The Climate Change and Energy Transition Act came into force in May 2021. Assuming the objectives of the EU Green Deal and the Paris Agreement global framework, the new Act provides ambitious regulations to reduce greenhouse gas emissions, promoting transition to renewable energies and energy efficiency models to be implemented in a wide scope of sectors such as energy, transport and financial.
Insurers have the opportunity to help drive global change but they cannot do it alone, blogs Kennedys partner Fleur Rochester.
Climate change presents numerous business risks and associated environmental liabilities. A significant number of businesses made transition declarations at the recent COP26. This will only increase the growing pressure on businesses to adapt their business models as part of climate transition plans. Assessing the impacts on businesses in the shape of financial, legal, and reputational risks places climate change at the top of the global board room agenda.
Kennedys is recognised as a top-band firm in the latest guide to leading law firms and lawyers across the UK.
We are delighted to announce the appointment of insurance and commercial litigation specialist Alexandra Bartlett as a partner in the firm’s Insurance group in Sydney. Alex joins Kennedys from YPOL, where she was a director.
We are pleased to have boosted our Israel office with the appointment of Ilana Bar, one of the country’s most respected corporate insurance and institutional entities lawyers.
Case review 18/10/2021
This High Court decision provides guidance to parties wishing to make an application for pre-action disclosure. Deputy Master Brightwell was clear that a request for documentation needs to be clear and focused.
Liability under California’s Invasion of Privacy Act (CIPA) expanded by California Supreme Court decision
Earlier this year, in Smith v. LoanMe, Inc., a case interpreting California Penal Code section 632.7, the California Supreme Court held that cellular or cordless phone conversations cannot be recorded by either nonparties or parties to the call without consent. LoanMe overturned a California Court of Appeal’s ruling that consent is required only if nonparties, and not the parties to the call, recorded the conversation.