Our analysis of key legal developments in the insurance industry over recent months

The winter edition of Insurance focus includes an examination of recent developments in insurance structured finance products. Jérôme Da Ros looks at the factors which have determined the development of new structured finance techniques, such as mortality cat bonds, sidecars and the employment of protected cell companies (PCCs) as a new standard structured finance tool.

In response to the continuing review by the Law Commissions of Scotland and England into insurance contract law, Susan Dingwall and James Noble examine the proposed reforms to the duty of utmost good faith. In addition, Andrew Roycroft reflects upon the implications of the Cadbury Schweppes v CIR case for controlled foreign company rules in the UK.

In our case notes, we examine the House of Lords’ decision in Freakley v Centre Reinsurance International Company on whether insurers’ reimbursements of claims’ handling expenses take priority over other creditors in the event of the insolvency of the insured.

Insurance focus also includes updates from our offices around the world