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New legal framework for foreign reinsurers and intermediaries in Ecuador
On Friday February 24, 2023, the Superintendence of Companies, Securities, and Insurance (SCVS) issued new provisions on the requirements that foreign reinsurers and reinsurance intermediaries must meet in order to obtain or maintain their license to do business in Ecuador from abroad.
Hong Kong Regulatory Insurance Update February 2023
In this February 2023 edition of Regulatory Insurance Update, the Hong Kong Corporate & Commercial Team provide the latest updates relating to the law and regulations, developments, and news in the insurance industry in Hong Kong.
Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen  HKDC 370.
Legal Focus: One year on, the UK's effort to tackle dirty money has a mixed scorecard
The UK’s Economic Crime (Transparency and Enforcement) Act 2022 received Royal Assent a year ago with the background of the Russia-Ukraine conflict catapulting it into the UK at unprecedented speed. The Act has been of great interest to the insurance sector. The aim of the ECA was to thwart the flow of so-called “dirty money” into the UK by taking aim at overseas individuals seeking to launder money in the UK and/or greatly restricting their ability to transact with the UK’s financial system.
Castano v. Augustine: Strict construction of the law at odds with New Jersey public policy?
Over time, New Jersey’s No Fault Act has evolved to incorporate additional restrictions on an injured party’s right to sue for injuries resulting from an auto accident. These restrictions, viewed as a trade-off for the Act’s promise of prompt payment of medical expenses regardless of fault, serve to impose the “draconian consequence” of completely foreclosing a prospective plaintiff’s cause of action should they run awry of requirements of the Act.
Marine and logistics report 2023: trends and future risks
In this report, we examine the priority topics that insurers in the marine and logistics sectors need to consider to ensure business resilience.
Case review 2023-03-22
The Court of Appeal’s decision on ‘mixed injuries’ cases
The recent decision by the Court of Appeal in Rabot v Hassam and Briggs v Laditan [20.01.23], has provided some certainty on how to approach the valuation of low value motor claims involving whiplash and non-whiplash injuries.
The new Consumer Duty and the impact on brokers
The FCA’s new Consumer Duty is due to come into force this July, as noted in our report 'Insurance forecast 2023: claims trends and future risks'. The Consumer Duty will have a significant impact on insurers and insurance intermediaries. This article specifically focusses on the impact of the new Consumer Duty on insurance brokers.
Healthcare Brief: market insights - March 2023
A summary of key developments which include a Call for Evidence to explore the option of a dual/multiple personal injury discount rate; publication of the summary of responses to the consultation on appropriate clinical negligence cover; the Powers of Attorney Bill; a letter to the profession from the General Medical Council; and draft statutory guidance issued on the protection of patient data.
Healthcare Brief: latest decisions - March 2023
A roundup of recent court decisions raising issues relating to divisible injury and material contribution in obstetric cases; best interest decisions and the role of parents in the clinical ethics committees’ process; and qualified one-way costs shifting.