Clear all

Refine your search

Jurisdiction

82 results found

Herbert Smith Freehills LLP logo
Herbert Smith Freehills is one of the world’s leading professional services businesses, bringing together the best people across our 26 offices, to…
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 9 Feb 2021

Beyond Brexit – what now for insurers' legacy business?

As expected, the terms of the trade deal agreed between the United Kingdom and the European Union mean that Solvency II passporting rights are no longer available to UK insurers wishing to conduct insurance business in the European Economic Area. What is clear in relation to both legacy and new business is that firms must communicate with customers and keep them informed of any new......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 6 Oct 2020

Judgment handed down in FCA's COVID-19 business interruption insurance test case

The High Court has handed down judgment in the COVID-19 business interruption insurance test case of The Financial Conduct Authority v Arch. Following expedited proceedings, the judgment brings highly anticipated guidance on the proper operation of cover under certain non-damage business interruption insurance extensions.
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 9 Jun 2020

Indemnity to be awarded on reinstatement basis for damaged property which had not been reinstated

The Court of Appeal recently confirmed that the reinstatement basis was the appropriate measure of indemnity for property severely damaged by fire which had not been reinstated. The court held that an insured need not show that it had a genuine, fixed and settled intention to reinstate in order to recover for damaged property on a reinstatement basis of indemnity.
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 17 Mar 2020

Brexit – PRA issues guidance to insurers with legacy business

​The Prudential Regulation Authority recently published guidance for UK insurers on their ability to service EEA liabilities once the Brexit transition period comes to an end on 31 December 2020. Arguably, the guidance is consistent with the view that 'expat business' (ie, where policies were written in the United Kingdom but the policyholder subsequently moved to the European Economic Area)......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 4 Feb 2020

High Court grants anti-suit injunction after finding that parties to insurance policy had agreed to arbitration

The High Court has continued an anti-suit injunction against a defendant, having been satisfied to a high degree of probability that the parties had agreed to submit their dispute to London arbitration. The central question was one of contractual interpretation: whether, on a true interpretation of the relevant excess insurance policy, the 'service of suit' clause entitled the insured to......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 24 Sep 2019

W&I insurance: courts confirm approach for assessing damages for breach of warranty

​Warranty and indemnity (W&I) insurance is widely used across the breadth of global M&A activity to provide protection to buyers for breaches of warranty. While W&I insurance policies govern how and what claims can be made by buyers, there is considerable case law relating to the measure of damages for breach of warranty. In particular, recent case law confirms that the normal measure for......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 2 Apr 2019

Another non-party costs order against a liability insurer

The High Court recently awarded a non-party costs order against a law firm's professional indemnity insurer under Section 51 of the Senior Courts Act in circumstances where the insurer had effectively relinquished control of the litigation's defence. This decision clarifies that the court's discretion under Section 51 is broad and that an insurer need not exert any active control over an......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | United Kingdom | 20 Nov 2018

Brokers' negligence – guidance on scope of duty and causation

The High Court recently considered a negligence claim against an insurance broker which had arisen out of a fire at a waste recycling facility. In its decision, the court provided a useful recap on brokers' duties – in particular, their duty to advise clients on their pre-inception duties of disclosure. Notably, the judge considered how causation should be analysed in brokers' negligence......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 14 Aug 2018

Broker not in breach of duty to advise in failing to provide oral advice in relation to duty to disclose

In holding that a broker was not in breach of duty by failing to give oral advice in relation to the disclosure of criminal convictions, the High Court has provided a useful reminder of the extent of a broker's duty to advise in relation to disclosure. The court also held that a lack of expert evidence materially limited, but did not exclude, the possibility of a finding that the broker had......
Commentary
Ask Lexy

Herbert Smith Freehills LLP | 24 Apr 2018

PRA and FCA clarify impact of Brexit transition for insurance sector

Recent announcements made by the Prudential Regulation Authority and the Financial Conduct Authority have clarified their approach to Brexit following the European Council's agreement to a transition period for the United Kingdom's withdrawal from the European Union. Insurers, insurance intermediaries and other financial services firms have been encouraged to assume that they will continue to......
Previous page 1 2 3 ...