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Case review 2022-08-16
MT ZOUZOU: Court of Appeal declines to hear mortgagee bank’s appeal of Commercial Court decision clarifying the scope of MII policy cover in MII underwriters’ favour
By an Order dated 15 August 2022, the Court of Appeal has refused Piraeus Bank’s application for permission to appeal the decision of the Commercial Court in Piraeus Bank v Antares Underwriting Limited and others (‘The ZOUZOU').
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Case review 2022-08-05
Ruling dated 30 June 2022 from the District Court of Odense
On 30 June 2022, the District Court of Odense ruled in a case concerning an accident that took place in 2014 whereby the plaintiff and his colleague worked by an excavation, when it suddenly collapsed, and the colleague was partly buried. The plaintiff, who was located in an excavator and did not see the accident happen, claimed compensation from the employer due to the psychological symptoms he allegedly developed due to the accident. In its ruling, the District Court dismissed the plaintiff’s claim and acquitted the employer.
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Article 2022-08-03
Russia – Ukraine crisis: will safe corridors be enough?
As the first vessel laden with corn departs Odesa port following Russia and Ukraine’s agreement on a ‘safe corridor’ for the shipment of grain stockpiles, we consider the associated challenges for the marine industry and its insurers.
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Article 2022-08-02
Guidelines on key compliance requirements for the Personal Data Protection Act in Thailand
After several years of delays the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") came into force in Thailand on 1 June 2022. Since then, on 20 June 2022, subordinate legislation (the "Notifications") under the PDPA was issued by the Personal Data Protection Committee ("PDPC") and published in the Royal Thai Government Gazette.
These Notifications are intended to set out the various criteria and rules, as well as much needed guidance and clarification, of some key requirements under the PDPA.
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Blog 2022-08-01
Cost of living … a looming fraud crisis?
In July 2022, it was reported that Zurich UK saw a 25% increase in fraudulent property claims, with the increase in the cost of living believed to be driving a range of fraudulent behaviours ranging from using insurance policies to make money to the inception of policies to cover life’s losses after the fact.
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Article 2022-07-29
Mirror-image counterclaims in declaratory judgment actions
Is a declaratory judgment counterclaim a mirror-image of the plaintiff’s complaint for declaratory judgment or redundant of defendants’ answer and affirmative defenses to the plaintiff’s complaint? Insurers should consider this question when either asserting a counterclaim in a declaratory judgment action or moving to dismiss a counterclaim raised by a policyholder in a declaratory judgment action.
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Article 2022-07-29
Treatment of attorney’s fees awards under liability policies
Insureds may find themselves liable to pay a plaintiff’s attorney’s fees in various contexts, whether by virtue of a statute or contractual provision. If prevailing party attorney’s fees are awarded, a question arises as to whether the fees are covered by the liability insurer defending the suit.
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Article 2022-07-29
Florida Building Safety Bill signed by Florida Gov. DeSantis
Governor DeSantis signed Senate Bill 4D (“SB 4D”) relating to building safety into law on May 26, 2022, on the same day he signed Senate Bill 2D relating to property insurance. The bill was proposed and passed following the collapse of the Champlain Towers South condominium in Surfside, Florida in June 2021.
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News 2022-07-29
Lift off for Kennedys with three new partner hires and ninth US office opens in Houston, Texas
We are delighted to announce we have opened a new office in Houston, Texas – our second in the State and ninth in the US.
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Case review 2022-07-27
Professional liability – the importance of cross-checking meanings and provisions in contracts
In this professional negligence claim, the Court observed “it is the duty of the lawyer to anticipate the unthinkable but predictable”, thereby reminding lawyers of the importance of considering and advising on all the risks, even if they consider a risk to be remote or unlikely to happen in the circumstances.