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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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Save the date Insuralex 2020 AGM

Insuralex AGM – 2020 (Zoom) PLEASE SAVE THE DATE FOR OUR ANNUAL GENERAL MEETING JULY 9 -10TH, 2020  
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Covid-19: Furlough FAQs

ONE MILLION businesses are using the Coronavirus Job Retention Scheme to fund the wages of 7.5 million employees at a cost to the government of £12bn a month. The scheme,
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Cyber in the times of Covid-19: the cybercrime triad.

ABSTRACT: The exceptional situation that the world is living in the light of the COVID-19 pandemic has come with an increase in the exposure of companies and public institutions to
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Business Inter/uption/pretation

The COVID-19 pandemic has undoubtedly led every business to assess their existing insurance cover in the hope that they have business interruption cover in place. Many would have been excited
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Morrisons v Various Claimants (1 April 2020) Supreme Court

Judgment regarding application of vicarious liability test in Class Action against employer in context of malicious data use Supreme Court corrects misunderstanding of lower Courts’ interpretation of vicarious liability test
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Insuralex´s Exclusive Member in California recommended as a leading firm in chambers USA 2020 survey

Bullivant attorneys Andrew Downs and Thomas Hutchinson have been recognized as ranked lawyers in the latest edition of Chambers USA: America’s Leading Lawyers for Business (2020). Andrew Downs is ranked in California in the
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Covid-19: Some reinsurance perspectives

One hundred years after the Spanish flu pandemic, Marsh and Munich Re, in May 2018, launched an innovative parametric insurance product, PathogenRX. This provided insurance against business interruption caused by
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Covid-19: Insurance Implications

Life, travel and event cancellation insurers closely engage in the rapidly unfolding global development of COVID-19 and prepare for the next few months. CPB Partner, Helen Tilley, comments on the
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FREE INSURALEX WEBINAR: Impact of Covid-19 on the Latin American (Re) Insurance Industry (II)

This is the second of two unparalleled webinars offering a regional overview about the impact of the Covid-19 on the Latin American (Re) Insurance Industry. This webinar is aimed at
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FREE INSURALEX WEBINAR: Impact of Covid-19 on the Latin American (Re) Insurance Industry (I)

This is the first of two unparalleled webinars offering a regional overview about the impact of the Covid-19 on the Latin American (Re) Insurance Industry. This webinar is aimed at
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Pandemic’s Impact on Case Evaluations

As we have seen to tragic effect around the world, the COVID-19 virus has proved to be unpredictable, with guidelines from state and federal governments and health agencies evolving from
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The COVID-19 Pandemic and an Insurer’s Duty of Good Faith

Managing Crisis: The COVID-19 Pandemic and an Insurer’s Duty of Good Faith “Statutory Claims Handling Guidelines Remain in Effect!” By: Rick Hammond, HeplerBroom, LLC*   Background Numerous state governors have
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Insurance: When is a shareholder’s interest an insurable one?

The concept of an insurable interest forms part of the foundation of a contract of insurance. In South African insurance law, without an insurable interest a contract of insurance will
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Small Business Employer and Employee Options in This Uncertain Time

Many small U.S. businesses are facing uncertainty about continued viability as a result of the COVID-19 pandemic. An important part of this deliberation is how these small businesses can not
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Mediating in a Social Distancing Environment

Life as we know it changed in January of this year upon confirmation that the Coronavirus had reached the US. As of this writing the United States has seen at
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Paycheck Protection Program An Economic Lifeline During an Unprecedented Crisis

The U.S. Treasury Department released new implementation guidance on April 6, 2020 regarding the Paycheck Protection Program (PPP), including changes to interpretations for loan amount calculation. Additionally, the new guidance
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The Math Just Got More Complicated

California Insurance Commissioner Suspends All Statutory and Contractual Deadlines For 90 Days After the Termination of State of Emergency California Insurance Commissioner Ricardo Lara has suspended all statutory and contractual
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2020: Taxation on reinsurance premiums in Latin America

The world’s main reinsurance markets typically provide its services on a  cross-border basis for Latin American based cedants, considering that the reinsuring capacity within the region is limited, in comparison
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Does Time Stand Still? The Procedural Implications of COVID-19 in Washington, Oregon, and California

Insuralex´s exclusive member in California explains procedural implicatons of COVID-19 in Washington, Oregon and California The Procedural Implications of COVID-19 in Washington, Oregon, and California The judiciary tends to lag
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The Coronavirus’ Impact on Business Interruption Coverage Is “Direct Physical Loss” Being Redefined?

Background Recent years have witnessed pandemic outbreaks of Ebola, H1N1, Avian flu and Legionnaires’ disease, and now the world is reeling from the impact of the COVID-19 (“Coronavirus disease”). Pandemics
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