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Insuralex chooses MehaffyWeber as its exclusive member in Texas

MehaffyWeber, a top ranked law firm and a provider of legal services in the area of insurance law and related litigation, has been selected to serve as the exclusive member
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FIDES launches insurance regulatory report in collaboration with Insuralex

FIDES (Federación Interamericana de Empresas de Seguros) has launched a report on insurance regulatory matters in the countries where FIDES has member insurer associations. FIDES represents 18 Latin American Countries
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2021 Insuralex report: Insurers ´subrogation in Latin America: An overview

The right of subrogation of insurers is a common institution in most Latin American countries. However, although in all cases law establishes the right, the conditions regulating its exercise differ
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A new scope/purpose of duty test in professional negligence cases

A summary of the Supreme Court judgment in Manchester Building Society v Grant Thornton UK LLP   On 18 June 2021, the Supreme Court handed down a landmark judgment in
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FREE Insuralex webinar: Insurance market in Ibero-America: responses in the post-COVID world

The COVID pandemic that hit the world in 2020 not only shook global health systems, but also impacted with particularly serious consequences in all economic sectors of society. The challenges
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Legal obligations when Holidaymaker attacked by Hotel Employee

Holidaymaker succeeds in appeal to Supreme Court for compensation against her UK package travel organiser following ‘broad view’ approach that hotel employee’s guiding actions were ancillary services and not within
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Don’t count on cover if diamonds aren’t forever…

Remedies for misrepresentation – Jones v Zurich Insurance Plc The loss of a diamond, with a value of £15,000, from a ring is not the sort of thing that one
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For the Heart of Everything Football !!

Helen Tilley and Robert Harrison of our Exclusive Member in UK, CPB, discuss recent research on cardiac risks associated with playing football. Following a recent 10 year study of UK
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Andreas Weinzierl Elected President of Insuralex

A new board of directors elected for the global insurance lawyers group Tramposch & Partner´s managing partner Andreas Weinzierl was recently elected as president of Insuralex during its annual meeting.
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Assessing insurance claims in light of intentionally missed premium payments

In instances where someone fails to pay an insurance premium and it amounts to a repudiation of an insurance contract, the insurer need not provide an extension for the payment
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2021 Criminal prosecution of insurance fraud in LatAm

One of the great challenges facing insurers today is to have effective tools against insurance fraud. To this purpose, some Latin American countries have opted to include this type of
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Insuralex AGM – 2021 (Zoom)

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PEREYRA & ASOCIADOS(P&A) chosen as the Exclusive Member in Dominican Republic by Insuralex.

Ranked Dominican law firm Pereyra & Asociados (P&A) has announced it has been chosen by Insuralex Global Insurance Lawyers Group, a worldwide association of independent insurance and reinsurance lawyers, as
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Does a broker owe a ‘duty to nanny’?

A summary of the case of ABN Amro Bank N.V. v Royal & Sun Alliance plc and 13 Underwriters and Edge Brokers (London) Limited. With the nature and extent of
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Approval of the Royal Decree on training within the scope of insurance distribution

Latest additions to the Royal Decree on training in order to implement Directive (EU) 2016/97. A few weeks ago, the Council of Ministers in Spain approved the Royal Decree 287/2021,
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Insurtech in Claims: Faster, better, cheaper

Insuralex´s Exclusive member in UK (Carter, Perry Bailey) and Insuralex´s Sponsor (Lowers Forensics International) provide a summary of key developments related to Insurtech and Insurance Claims. THOUGH INSURERS, BROKERS, MANAGING
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Full webinar recording on demand: Class Action in Europe

Full recording on demand: Class Action in Europe – developments towards a “new normal” in litigation in light of the directive (EU) 2020/1828?   The European Parliament has adopted legislation to allow
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Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon

The wildfires that ripped through Oregon in September of 2020 caused unprecedented damage, and sparked legislation that would expand property coverage and look to create a bad faith cause of
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A kind of digital vaccine: The importance of insurance coverage for cybercrime

COVID-19, in and amongst all its other ramifications, has been a catalyst for digital evolution. In this context, it is important to note that the threats and vulnerabilities of the
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COVID-19 – ONE YEAR ON: Insurance implications

We reflect on the past year – and look at what is next for event cancellation, travel and life/protection insurers On 23 March 2021, the UK marked the anniversary of
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R (Maughan) v HM Senior Coroner for Oxfordshire

Supreme Court confirms that Coroners’ Inquests shall apply the lower civil standard of proof to all forms of Inquest conclusions of suicide and unlawful killing In this long-running Judicial Review
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Class Action in Europe – developments towards a “new normal” in litigation in light of the directive (EU) 2020/1828?

Insuralex is a group of more than 50 independent law firms Practice areas: from Europe, North America, Latin America, Africa, Asia and the Middle East that specialise in Insurance and
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Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs

The Nevada Supreme Court, in a 4-3 decision, has concluded a liability insurer is entitled to reimbursement of defense costs when there is no overage and the insurer reserved in
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Civil liability, vaccination, and vaccines: a European and national perspective

We are currently living what can be considered the most important massive vaccination campaign in the recent history of humankind. Scientific advisors and governments from all over the world have
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On the legal actions brought in the United Kingdom, France and the United States for business interruption insurance under COVID-19

IMPACT ON LATIN AMERICA AND ARGENTINA1 SUMMARY: I. Introduction. – II. Uninsurable risk. – III. Coverage for small and medium-sized enterprises (SMEs) and business interruption. – IV. Legal actions in
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2021 Liability insurance in Latin America: An overview

Liability insurance is one of the main lines of business in Latin America. It comprises several risk-transferred based products to offer depending on the insureds’ special needs and the liability
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Impact of COVID-19 on Operational and Contractors’ All Risk insurance contracts

Impact of COVID-19 on Operational and Contractors’ All Risk insurance contracts1   SUMMARY: I. Introduction – II. Pandemics versus epidemics and insurable risks versus uninsurable risks – III. Operational All
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Does a failure to mediate inevitably lead to costs sanctions?

A summary of the case of Patel & Ors v Barlows & Ors [2020] EWHC 2795 (Ch) In our previous article, Mark Aizlewood and Dean De Cesare considered recent case
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The corporate group and the individual civil liability vs. joint and several liability

The civil liability that may arise within a specific company that is a part of the corporate group operating under one trade name, in many occasions raises questions when determining
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FCA Business Interruption Insurance Test Case

FCA business interruption insurance test case – Supreme Court judgment A summary of the Supreme Court judgment in the FCA business interruption insurance test case On 15 January 2021, the Supreme
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Insuralex and Lowers Forensics International Join Forces to Offer Legal and Forensic Accounting Expertise to Global Insurance and Reinsurance Markets

Insuralex and Lowers Forensics International Join Forces to Offer Legal and Forensic Accounting Expertise to Global Insurance and Reinsurance Markets Together, Insuralex  and Lowers Forensics can assist in complex claims that require a high specialization
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#InsuranceLaw Round up of 2020

Notwithstanding the significant lockdown period during the second quarter of the year, as well as the continuing restrictions that have been imposed since then, the courts have continued to operate.
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WHAT DID SANTA LEAVE FOR PROPERTY INSURERS? New California Laws Affecting Property Claims in 2021

Every year, it seems, the California state government leaves “gifts” for property and casualty industry. The 2020 legislative session was no exception. Most new legislation takes effect on January 1,
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South Africa: Professional indemnity insurance amidst COVID

Economies across the globe, specifically small businesses, have taken a pounding from the effects of the pandemic. Practicing lawyers have not been immune to the adverse effect of it. This
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Revision of the Swiss Insurance Contract Act (SICA)

1. INNOVATIONS AT A GLANCE This newsletter provides an overview of the most important practical changes to the revised SICA, which is expected to come into force on 1st January
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There is no “lawyer’s paradise”: Interpreting contracts of insurance

It is well known that insurance contracts need not be reduced to writing to be rendered enforceable, however, given that insurance is, by and large, a risk transferring enterprise it
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FREE Insuralex Webinar: Insurance digital commercialization in Latin America

Digital commercialization for insurers in Latin America ceased to be a long-term development project to became a top priority to them. It gained special relevance during the year 2020 due
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FCA Business Interruption Insurance Test Case – the Judgment

A summary of the judgment in the FCA business interruption insurance test case Following the 8-day hearing of the FCA business interruption insurance test case, which commenced on 20 July
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Impact of COVID-19 on the operational and construction all risk insurances

Our exclusive member of Argentine has published an article (in Spanish) on the Impact of COVID-19 on the operational and construction all risk insurances. Please find the article below. The
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2020 Insurance digital commercialization in Latin America report

Digital commercialization for insurers in Latin America ceased to be a long-term development project to became a top priority to them. It gained special relevance during the year 2020 due
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FCA business interruption insurance test case – a recap as we await judgment

A summary of the background to the test case and the keys issues following the conclusion of the hearing On 30 July 2020, the High Court hearing of the FCA’s
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Insuralex Board of Director´s Member Rick Hammond appointed to Illinois Supreme Court Task Force on Court Operations During COVID-19

Rick Hammond, current member of Insuralex´s board of directors, Illinois Defense Counsel (IDC) past president and partner with HeplerBroom LLC, has been appointed by the Illinois Supreme Court to the
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Actual Knowledge or Awareness That Product is Sold in Washington Required for Personal Jurisdiction Based on Stream of Commerce

On July 13, 2020, the Washington court of appeals issued the third in a trilogy of decisions regarding whether a showing of actual knowledge or awareness that a product is
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Business interruption insurance: But for COVID-19 / But for the lockdown regulations?

Businesses across most landscapes have suffered immensely due to the impact of COVID-19 (Coronavirus). Business insurance appears to be no exception. In a ground-breaking decision, the Western Cape High Court
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California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof

One of the less exciting components of litigation is the burden of proof. The lack of excitement, however, masks its importance. In many instances, which party is assigned the burden
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T. David Rheney Elected President of Insuralex

A new board of directors elected for the global insurance lawyers group Gallivan White Boyd partner T. David Rheney was elected as president of Insuralex during its recent annual meeting.
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COVID-19 and the Global (Re)Insurance Industry – Thinking Ahead

Thursday, July 9th, 2020 (6:00-8:00 Los Angeles / 9:00-11:00 New York / 14:00-16:00 London / 22:00-24:00 Tokyo) Please join our panel of Insuralex legal experts from across the globe for
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Risks of pandemic-related insurance – a public-private partnership on the horizon…

The enforceability of extension clauses relating to contagious or infectious diseases contained in certain business interruption insurance policies has raised legal and policy considerations, with different opinions being advanced from
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2020 (Re) Insurance arbitration in Latin America report

The use of alternative dispute resolution mechanisms for insurance and reinsurance has become a growing practice in Latin America. In particular, arbitration has been widely accepted as offering flexibility, celerity
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California court revisits “Genuine issue doctrine” Applicability to consultant opinions

Andrew B. Downs In California, an insurer breaches the implied covenant of good faith and fair dealing when it unreasonably and without proper cause deprives the policyholder of contractual benefits.
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