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In ABN Amro Bank N.V. v Royal & Sun Alliance Insurance plc (and others) [2021] EWHC 442 (Comm), the Court found that an “unusual” and “unprecedented” clause provided credit risk cover in an all risks marine cargo policy. This lengthy decision explores a number of issues including construction of policy wordings, rectification and estoppel, non-disclosure and misrepresentation, as well as the duties of an insurance broker. In particular, the judgment considers the extent to which a broker is under a duty to explain the meaning of particular clauses to insurers. Read more
We are pleased to share with you our Insurance and Reinsurance Disputes Annual Review of 2020, published today, which provides an overview and analysis of the key cases and developments affecting those engaged in or with contentious matters in the insurance and reinsurance market. Read more
The FCA’s Final Report on general insurance pricing practices concludes that retail home and motor insurance markets are not working well for all consumers and confirms proposals to prohibit “price walking”. The FCA’s reforms include the following key changes: Firms will be prohibited from imposing a “loyalty penalty” on customers at renewal of their policy. … Read more
For most people, life and work have changed fundamentally since the Covid-19 crisis began and there are concerns that the crisis could still worsen again. Most areas of the world’s economy have been profoundly affected too, and the Fintech sector is no exception. Fintech has been both an epicentre of the crisis – and has … Read more
The FCA has published a consultation paper (CP20/20) describing its approach to the authorisation of international firms. In the context of Brexit, the FCA’s comments will be relevant to firms (including insurers and insurance intermediaries) who have established EEA hubs to mitigate the loss of passporting rights, while continuing to conduct some of their activities … Read more
With UK/EU deal negotiations in the balance and a no-deal scenario still possible, a panel of experts from Herbert Smith Freehills, the Financial Conduct Authority and McCann FitzGerald (for the Ireland perspective) will review the current state of play on Brexit and what comes next for the regulation of cross-border financial services.
The webinar will take place between 2-3pm on 23 July 2020.Read more
In Niramax Group Ltd v Zurich Insurance Plc [2020] EWHC 535 (Comm) the High Court held it was material to the assessment of a risk under an all risks contactors’ mobile plant policy (the “Policy”) that the insured had failed to disclose the fact that risk requirements concerning a separate buildings policy remained outstanding and that special terms had been imposed. Read more
The PRA and FCA have set out their expectations for UK-regulated firms under the Senior Managers and Certification Regime ("SMCR") in the light of the COVID-19 outbreak.
A joint statement from the PRA and FCA applies to dual-regulated firms, while the FCA has published a separate statement for solo-regulated firms. Read more
We are pleased to invite you to our weekly webinar series discussing the business challenges presented by the COVID-19 outbreak.
The third webinar, entitled, ‘People: the challenges being faced’, will be broadcast on 7 April 2020 and will focus on a number of the key issues currently being faced by UK employers, as well as the government support that may be available. The webinar will be chaired by James Palmer, Chair and Senior Partner of Herbert Smith Freehills, who will be joined by expert colleagues who will share their experience and views on these issues.
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