Posts from Kennedys

Insolvency exclusions in professional indemnity insurance policies: Crowden v QBE

In Crowden v QBE, Crowden sought an indemnity under a professional indemnity policy issued by QBE. QBE successfully defended the claim based on an exclusion under the policy. This case serves as a useful reminder for insurers, brokers and policyholders of the importance of understanding the scope of insurance cover and the impact of exclusions … Continue reading Insolvency exclusions in professional indemnity insurance policies: Crowden v QBE

Disputing rights against insurers

Following the judgment of the Technology and Construction Court (TCC) in BAE Systems Pensions Funds v Royal and Sun Alliance Insurance plc and others in July, it appears that a potential dispute as to coverage is not a blocker to an insurer being joined into proceedings under the Third Parties (Rights Against Insurers) Act 2010. … Continue reading Disputing rights against insurers

Run-off cover: practical implications of SRA’s planned changes to indemnity insurance rules

At the start of July, the Solicitors Regulation Authority (SRA) announced plans to change its indemnity insurance rules to make it easier for firms to switch their regulator for the purposes of professional indemnity insurance. The aim of this change, which follows a period of consultation, is to improve competition in the market, whilst ensuring … Continue reading Run-off cover: practical implications of SRA’s planned changes to indemnity insurance rules

Court’s refusal to grant relief from sanctions: the practical implications of Gladwin v Bogescu

Gladwin v Bogescu is a low value road traffic accident claim. It recently became a case of interest when the High Court allowed the defendant’s appeal against the decision of the lower court to grant relief from sanctions for late service of witness evidence.

Law and justice: what next for English and Welsh practitioners?

The Law Society believes the legal sector of England and Wales underpins the UK economy. At the time of writing, a period of political uncertainty, together with Brexit negotiations becoming the priority of government, seem likely to scupper the Law Society’s vision for law and justice becoming a reality during the life of this Parliament.

Can artificial intelligence (AI) prevent insurance fraud?

Fraud is estimated to cost the insurance industry over £1.5 billion a year. The fraud itself can range from the exaggeration of a genuine claim, the falsifying of all or part of a claim or the deliberate falsification or omission of information in order to obtain less expensive cover. The insurance industry invests heavily in … Continue reading Can artificial intelligence (AI) prevent insurance fraud?

Ackerman v Thornhill and others: setting aside settlement agreements

The High Court’s recent decision in the recent case of Ackerman v Thornhill and others is noteworthy in the context of disclosure and settlement litigation.

Legal advice and litigation privilege: Astex Therapeutics Ltd v AstraZeneca

The decision in Astex Therapeutics Ltd v AstraZeneca is notable in the context of disclosure and on how legal and litigation privilege are interpreted.