Legal
Biba CEO blasts 'irrelevant' and 'unhelpful' insurer conduct in FCA BI test case
Insurers' comments about the duty of brokers made in the defences in the ongoing Financial Conduct Authority business interruption court case are "irrelevant" and "unhelpful" according to British Insurance Brokers' Association CEO Steve White.
Davies appoints Jeff Chang as general counsel
Davies has appointed Jeff Chang to the recently created global role of general counsel.
Marsh bites back as RSA alleges it is on the hook for wording in FCA BI test case
Marsh has disputed RSA allegations its clients should be liable for brokered policy contract issues in the Financial Conduct Authority’s business interruption test case, as brokers were dragged into the ongoing proceedings.
Insurance Covid-Cast: Combatting Coronavirus-related insurance fraud
In the 29th episode of Post and Insurance Age’s video series we gathered together an expert panel to discuss the prevention, detection and prosecution of insurance fraud at a time of pandemic.
Swift v Carpenter: Appeal Court hears arguments on whether market value of property is a fair measure
On the second day of the appeal to a 2018 judgment in Swift v Carpenter relating to serious injury claim accommodation costs, judges heard from further witnesses.
BI Case Notes: A who’s who of the FCA’s business interruption test case
Updated: The Financial Conduct Authority’s test case showdown, which the regulator has estimated could affected 370,000 policyholders, is expected to reach a climax on 15 January 2021 when the Supreme Court will rule on points of appeal.
Insurers lock horns with FCA in BI test case defences
The eight insurers involved in the Financial Conduct Authority’s business interruption test case have filed their defences with the court, alleging among other arguments that the pandemic is a global issue rather than local and therefore not covered.
Swift v Carpenter: Court hears from expert witnesses on serious injury claim accommodation costs
On Tuesday the appeals court heard from expert witnesses testifying on the topic of additional accommodation costs in serious injury claims in appeal to Swift v Carpenter.
Analysis: The wordings under the magnifying glass in the FCA's BI test case
As preparations continue for a July test case to determine whether business interruption policies cover coronavirus lockdown losses, Post delves into the “representative sample” of wordings on which the court will be adjudicating.
Briefing: FCA’s business interruption test case – misreading the room
Reactions to Tuesday’s Financial Conduct Authority business interruption hearing suggest that insurers – or at least their lawyers – may be misreading the room.
FCA disputes BI ‘conflict of interest’ allegations
The Financial Conduct Authority has today denied there is any conflict of interest in relation to the law firm engaged on its business interruption test case.
Insurers and FCA butt heads on pandemic spread analysis in BI case
Insurers’ counsel have decried the Financial Conduct Authority’s intention to use the “controversial” Cambridge analysis of Covid-19 spread in its business interruption test case, as representatives warned another trial might be needed to iron out…
Hiscox plots comparison between Sweden and ‘draconian’ UK in BI test case
Hiscox could look to an analysis of the Covid-19 economic impact on Sweden versus the UK, which its counsel said has faced “draconian” lockdown measures, as a defence in the Financial Conduct Authority’s business interruption test case.
Explainer: 'Contra proferentem' in insurance
The Financial Conduct Authority has said if necessary it will argue 'contra proferentem' in its business interruption High Court test case. Post explores what this means.
Insurers' intent with regards pandemics 'not relevant or admissible', FCA will argue in High Court test case
Insurers’ contentions that wordings in business interruption policies are not designed to and do not provide cover in the event of pandemics will be disputed by the Financial Conduct Authority when it brings a test case before the High Court next month.
In numbers: The FCA’s business interruption insurance test case
Updated: The Financial Conduct Authority has received 105 letters from MPs concerned about business interruption insurance, 51 relating to RSA’s Cottagesure policies, according a representative of the regulator, who revealed several key stats in his…
Brokers flagged concerns to FCA over ‘long-term’ damage to industry due to BI claims handling
Insurers have been accused of mis-steps in claims handling on four counts by brokers, according to a witness statement from Financial Conduct Authority director of general insurance and conduct specialists Matthew Brewis.
Briefing: Pat Gallagher’s anti-racism pledge – Simon Matson, Vyvienne Wade and the elephant in the room
It's a positive step that the industry says it is taking a stand against racism and discrimination, but one pledge, in particular, feels somewhat hollow given recent events.
NI Assembly committee rails against insurer Covid-19 BI payouts as ABI grilled
There is a “real perception of intransigence from the insurance industry … [and] lack of willingness to engage and support business” during the coronavirus pandemic, according to Caoimhe Archibald, chair of the Northern Ireland Assembly’s Economy…
Call Connection administration timeframe extended due to coronavirus pandemic
The administration deadline of failed broker lead generator Call Connection has been extended until 12 July 2021.
FCA's role evolving as 'product value policeman', says CMS
The Financial Conduct Authority’s new guidance issued today is far more than a helpful steer as the watchdog’s “product value policeman” role develops, according to CMS financial services partner Simon Morris.
Briefing: Business interruption insurance – reported ‘u-turns’ have yet to prove significant
Some insurers have now decided to pay up on business interruption policies, the regulator has said, but just how much of an impact do these 'u-turns' really have on the BI situation and consumer confidence?
FCA BI test case gives law firms and businesses pause for thought
The Financial Conduct Authority's test case may be driving some law firms to revise their roles in slated business interruption legal battles, but lawyers argue they will still have a part to play quantifying losses and settling disputes.
Businesses urged to wait for FCA test case to streamline BI legal storm
Action group members challenging insurers over rejected coronavirus-related business interruption claims would be better off waiting for the outcome of the Financial Conduct Authority's test case before embarking on proceedings, an expert advising…