The FCA portal for incoming EEA firms to notify the PRA and the FCA of their intention to enter the UK Temporary Permissions Regime ("TPR") is now open. The TPR will apply if the UK leaves the EU on 29 March… Read more

Three of the themes that EIOPA sees as its priorities were covered at its annual conference on 20 November. All of the topics were the subject of frank and spirited debate, with a range of different views being represented in the… Read more

The Political Declaration setting out the Framework for the Future Relationship between the EU and the UK was published earlier today. On financial services (including insurance), the final declaration essentially contains the same three points as in last week’s outline… Read more

Yesterday's announcements on the terms agreed for the UK's withdrawal from the EU say relatively little about the future framework for cross-border trade in goods or services.  More detail is expected on this next week. The final deal remains subject… Read more

Press reports over the past couple of days suggest that a deal struck by the UK government would "give UK financial services companies continued access to European markets after Brexit" and that "UK financial companies will be able to operate… Read more

In the recent judgment in Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 233 the Court of Appeal has dismissed an appeal against the High Court's decision that Morrisons was vicariously liable for its employee's misuse of data, despite:… Read more

In Mamancochet Mining Limited v Aegis Managing Agency Limited and Others [2018] EWHC 2643, the High Court held that, in order to avoid payment of a claim, insurers were required to show that payment would expose them to sanctions under… Read more

The Court of Appeal has handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006. At first instance, the High Court took a restrictive… Read more

Near-final rules for the extension of the Senior Managers & Certification Regime (SMCR) to all financial services firms, including insurers and insurance intermediaries, have been published today by the PRA and the FCA.  The FCA has also confirmed that the… Read more

EIOPA has published an opinion and FAQs emphasising the need for insurers and insurance intermediaries to explain to policyholders how Brexit will affect their insurance cover. At first sight, EIOPA's comments appear to reinforce concerns that political compromise cannot be… Read more

Late last week, the Hong Kong Insurance Authority (IA) published a circular setting out its key findings from anti-money laundering and counter-financing of terrorism (AML/CFT) onsite inspections of authorised insurers carrying on long term business. The IA conducted visits of… Read more

In Travelers Insurance Company Ltd v XYZ [2018] EWCA Civ 1099, the Court of Appeal upheld an order for costs against an unsuccessful Defendant’s insurer, under section 51 of the Senior Courts Act 1981. Even though the claims in issue… Read more

EEA insurers and reinsurers doing business in the UK under the insurance passport must prepare for the UK's withdrawal from the EU. We consider, in our latest "At a Glance" guide, the impact of Brexit on the cross-border activities of… Read more

Recent announcements made by the PRA and FCA clarify their approach to Brexit following the European Council's agreement to a transition period for the UK's withdrawal from the EU. In particular, insurers, insurance intermediaries and other financial services firms have… Read more

In Allianz Insurance and Sirius International Insurance Corporation v Tonicstar Limited [2018] EWCA Civ 434, the Court of Appeal has reversed the decision of the High Court on whether a party-appointed arbitrator met the contractual requirements as to requisite experience.… Read more

We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2017, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the… Read more

On 20 December 2017, the Treasury, PRA and FCA clarified their approach to EEA-headquartered financial services firms wishing to carry on business in the UK post-Brexit. More recent evidence to the House of Commons Treasury Committee ("TC") sheds further light on the… Read more

This article was first published on Thomson Reuters Regulatory Intelligence on 17th January 2018. On 12 December 2017, the PRA published the second in a series of three consultation papers on reforms to the Solvency II regime (CP27/17).  The PRA's… Read more

An opinion published by EIOPA on 21 December 2017 raises concerns for UK insurers who have policyholders in EEA states other than the UK. This will include, for example, every life company with annuitants living in an EEA state*, perhaps because they moved… Read more

Delay to IDD start date The EU Commission published draft legislation today (in the form of a proposed Directive and a proposed Delegated Regulation) to delay the IDD start date to 1 October 2018.  It has agreed to requests for… Read more

In Crowden and Crowden v QBE Insurance (Europe) Ltd [2017] EWHC 2597 (Comm) the Commercial Court found in favour of the Defendant insurer on the disputed construction of an "insolvency" exclusion in a professional indemnity insurance policy.  The case is… Read more

This article was first published on Thomson Reuters Regulatory Intelligence. The PRA has published the first of three consultation papers (CP21/17) on reforming the Solvency II regime. The consultation reflects PRA experience of working with Solvency II since its introduction in… Read more

The UK Senior Managers and Certification Regime (SMCR) is being extended to all financial services firms during 2018. PRA and FCA proposals applying to insurers build on the Senior Insurance Managers Regime (SIMR) although the transition to the SMCR is… Read more

On 14 September 2017, the UK Parliament published a letter from Nicky Morgan, Chair of the Treasury Committee, to Philip Hammond, Chancellor of the Exchequer, on insurers' ability, post-Brexit, to service insurance contracts sold under passporting arrangements with a duration that… Read more

The European Union (Withdrawal) Bill was published by the Government in July 2017 and is the key piece of UK domestic legislation that will implement Brexit. Repeal of the European Communities Act: The principal purpose of the Bill is to… Read more

Recent comments made by Sam Woods, CEO of the PRA, about the PRA's approach to supervision are worrying.  A speech prepared for this year's Building Societies Annual Conference (but not actually delivered) is relevant to all authorised firms, not just… Read more

In May 2017, the FCA published a guidance consultation paper (GC17/5) entitled "Proposed guidance on the FCA's approach to the review of Part VII insurance business transfers". The draft guidance in this document sets out the FCA's approach to reviewing… Read more

The European Insurance and Occupational Pensions Authority (EIOPA) has published an opinion on supervisory convergence in light of the UK withdrawing from the EU. ... Read more

With effect from 26 June 2017, Hong Kong's independent Insurance Authority ("IA") assumed its regulatory responsibilities and replaced the Office of the Commissioner of Insurance ("OCI") in regulating insurers. The IA will be a much more powerful regulator than its predecessor, with… Read more

The PRA has published a consultation paper (CP8/17), which includes proposed amendments and optimisations to the Senior Insurance Managers Regime (SIMR).  It also includes a proposal to strengthen governance through requiring insurers to take steps to encourage board diversity.  This CP… Read more