11 September 2013
Earlier this year, consumers, retailers and producer discovered an unwelcome ingredient in meat products and so the horsemeat scandal was born. It is still early days in terms of assessing the full cost of horsemeat claims, although early indications are that consumer claims may be modest. What this does do, however, is highlight the exposure and opportunities around supply chain risks.
Published in Insider Quarterly on 11 September 2013.
4 September 2013
In March 2013, EIOPA launched a public consultation on four draft Guidelines related to the preparation for Solvency II, covering among other things the area of System of governance. The purpose of the Guidelines is to support both national supervisors and insurers in their preparations for the Solvency II requirements, following EIOPA’s Opinion on interim measures issued in December 2012.
Published in Global Reinsurance on 4 September 2013.
1 September 2013
The integration of health and social care services acquired a new statutory status last year when the Health and Social Care Act 2012 imposed duties to promote integration on the new NHS bodies, Monitor and the new local authority Health & Wellbeing Boards.
Published in Community Care Market News on 1 September 2013.
29 August 2013
Why is it significant for insurers and their policyholders? Because commercial and residential buy-to-let properties, which fail to meet energy efficiency standards by 1 April 2018, cannot be rented out, until improvements have been made.
Published by the Chartered Insurance Institute's Journal on 29 August 2013.
22 August 2013
High street banks are bracing themselves for yet another wave of compensation payments following the recent announcement that compensation will soon be paid to customers who were mis-sold fraud or identity protection policies issued by Card Protection Plan Ltd (CPP).
Published in Insurance Day on 22 August 2013.
7 August 2013
The Malaysian financial sector is poised to experience major changes in the way its insurance and financial institutions operate, with the Islamic Financial Services Act 2013 and the Malaysian Financial Services Act 2013 now finally in force (1 July 2013).
Published in Insurance Day on 7 August 2013.
6 August 2013
The Inland Revenue and Stamp Duty Legislation (Alternative Bond Schemes) (Amendment) Ordinance is not the flashiest title you could give a new piece of legislation, so it is perhaps understandable that its arrival in Hong Kong went largely unnoticed outside of the territory. Yet this obscure law, which puts the taxation of sukuk (Islamic bonds) on a level footing with conventional bonds in Hong Kong, marks a significant effort by the Hong Kong Government to promote the development of a sukuk market in the territory.
Published in Insurance Insight on 6 August 2013.
26 July 2013
Insurance and reinsurance policies commonly require arbitration of coverage disputes. The advantages of arbitration in the context of a coverage dispute include the relative privacy of the arbitral process, hearings and award. Due to the limited grounds on which an award can be challenged in the English Courts, sensitive information addressed in such disputes often remains confidential even after the conclusion of proceedings.
Published by the British Insurance Law Assocation in July 2013.
16 July 2013
Businesses and insurers, fearful that the European Commission was about to propose an EU-wide class action system akin to the USA, should now be breathing more easily.
Published in Insurance Day on 16 July 2013.
11 July 2013
The widespread practice of "re-engineering" takaful contracts from conventional insurance contracts undermines takaful product integrity. Steven Dewhurst and Professor Andrew White explain the problem and examine the significant reputational risk that it creates for takaful operators.
Published in Middle East Insurance Review July - August 2013 issue
4 July 2013
Make no mistake, as Barak Obama is prone to saying, the recent decision in Mehjoo v Harben Barker has a number of surprising elements if one takes the time to read the full judgment.
Published in Economia on 4 July 2013.
26 June 2013
In court proceedings, solicitors, barristers and other representatives can be subjected to an order for payment of wasted costs if found to have conducted themselves, improperly, unreasonably or negligently. The wasted costs jurisdiction has traditionally been rarely used but two recent cases may signal the start of an increasing trend in the post-Jackson landscape. This is of concern for professional indemnity (PI) insurers, given that such orders will usually fall within the scope of the Minimum Terms under a solicitor's professional indemnity policy.
Published in Insurance Day on 26 June 2013.
19 June 2013
Some minor changes to the way in which insurance and reinsurance business is carried on in domestic Malaysia and Labuan could be beneficial. We take a look at why.
17 June 2013
The long-running saga of whether a law firm could justify requiring an equity partner to retire at the age of 65 finally reached a conclusion on 28 May. Applying the principles in the judgments of the Court of Appeal and the Supreme Court, the Employment Tribunal in Seldon v Clarkson Wright & Jakes rejected the claim that Mr Seldon was directly discriminated against because of his age. The requirement that he retire at 65 was found to be objectively justified: the firm was able to demonstrate that it was a proportionate means of achieving legitimate aims.
1 June 2013
After more than ten years of preparation, an amendment to the Chilean Commercial Code has been passed, updating insurance contract regulation in Chile. Liability insurance, reinsurance, group insurance, double insurance, fraud and many other key insurance concepts are now incorporated into Chilean legislation.
Published in Latam Insurance Review on 1 June 2013.
25 May 2013
Anne Harrison and Neil Scott from the Safety, Health and Environment (SHE) team at international law firm DAC Beachcroft discuss how the attention of environmental regulators is turning to those who control or manage freehold and leasehold property, thereby placing them in the enforcement "firing line". They explain some of the risks, how these manifest themselves in practice and what to do to protect against investigation and enforcement action, including possible prosecution.
Published in Estates Gazette on 25 May 2013.
23 May 2013
In our recent HSJ Article, CCGs and procurement in their first 100 days, we examined the first days of the CCGs beyond their authorisation. We are now well over half way through the initial period and some dominant themes have already begun to emerge which are focusing the minds of clinical commissioners and those who are working with and depending upon them.
Published in Health Service Journal on 23 May 2013.
8 May 2013
In Kuala Lumpur in 1997, ASEAN's leaders decided to transform ASEAN into a stable, prosperous, and highly competitive region with equitable economic development and reduced poverty and socio-economic disparities. A decade later, ASEAN's leaders committed to hastening the development of the economic pillar of the ASEAN community by establishing an ASEAN Economic Community and transforming ASEAN into a region with free movement of goods, services, investment, skilled labour and flows of capital.
3 May 2013
Dame Fiona Caldicott's long awaited report on service user confidentiality in the health and social care system: "Information: to share or not to share" was published on Friday 26 April.
Published in Local Government Lawyer on 3 May 2013.
1 May 2013
After a period of long discussion, the new legal and regulatory framework for insurers and surety companies has been published in Mexico, following its approval by congress on February 28 2013. For the first time, the new legislation merges into one body of law the legal provisions applicable to both insurance companies and surety companies, and is due to enter into force 730 days after its publication.
Published in Insurance Day on 1 May 2013.