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Article 2020-11-20
Communications and information exchanged between adjusters and in-house counsel for insurance companies present unique challenges for application of the work product protection, and the law is not uniform in this area. This article will explore the factors considered by courts in determining whether such communications and information are protected from disclosure to the insured and/or third-party claimant and the typical disputes that arise in both coverage and bad-faith litigation.
Article 2020-11-19
In a recent unanimous decision, the New Jersey Supreme Court in Flanzman v. Jenny Craig, Inc., 244 N.J. 119 (2020), reversed the Appellate Division’s ruling and enforced the parties’ arbitration agreement. In Flanzman, the plaintiff signed an “Arbitration Agreement” in connection with her employment with Jenny Craig, Inc., which provided, in part, that “all claims or controversies arising out of or relating to Employee’s employment, the termination thereof, or otherwise arising between Employee and Company shall, in lieu of a jury or other civil trial, be settled by final and binding arbitration.”
Article 2020-11-18
Did you know your company’s privacy obligations may have changed? Privacy laws are continuing to develop in the United States. California is the latest state to pass changes to its privacy legal framework.
Article 2020-11-18
After years of relative calm and stability in the professional indemnity market and ahead of the traditional 1 December renewal, we look at whether recent developments suggest changes may be afoot in the solicitors' professional indemnity insurance (PII) market.
News 2020-11-18
Kennedys has appointed partner Tobin Ashby to its growing corporate insurance, financial regulation and products practice as part of a strategic drive to expand its non-contentious services to the insurance sector.
Blog 2020-11-17
The Financial Conduct Authority (FCA) has recently issued a Portfolio strategy to claims management companies (CMCs). This essentially outlines their vision for the CMCs and the regulation strategy from now until July 2022. The letter covers the ‘key drivers of harm’ as identified by the FCA. The behaviours which the FCA have noticed from CMC’s which can mislead their consumers to their detriment and breed fraud.
Case review 2020-11-10
On 28 October 2020, the High Court handed down summary judgment in the related proceedings of Baines v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box. The judgment is important for professional indemnity insurers as to aggregation in cases involving the theft of client monies.
News 2020-11-10
We are pleased to announce that we have been recognised as one of the Best Law Firms in England and Wales for professional negligence in The Times' Best Law Firms 2021.
News 2020-11-09
Kennedys is delighted to announce the appointment of financial lines specialist Emily Schneider as a partner in the firm’s Insurance group in Melbourne. Emily joins Kennedys from Barry.Nilsson, where she was a special counsel.
Blog 2020-11-06
Crash for cash scams involve fraudsters who intentionally drive dangerously (such as slamming on their brakes suddenly and without reason), to cause an innocent motorist to crash into them so they can claim for compensation.
