March 2016 Issue
One legacy of the financial crisis is a better appreciation of risk among global companies. Shareholders, regulators and other interested parties continue to quiz corporate boards on their risk management practices. In response, companies are identifying gaps and putting controls in place. A key part of this risk mitigation process is having a comprehensive insurance framework in place, with suitable policies offering the required coverage. Companies need to assess their potential risks and liabilities, and evaluate insurance options to determine appropriate levels and lines of coverage.
FORUM: Resolving insurance disputes
FW moderates a discussion on resolving insurance disputes between Cathy Hawkins at BLM, Chris Chapman at Freshfields Bruckhaus Deringer LLP, Stephen King at Mills & Reeve LLP, Nicholas Bradley at Pinsent Masons LLP, and Colin Peck at Weightmans LLP.
All change for UK insurance law
CMS Cameron McKenna LLP August 2016 will see the most important changes to UK insurance law for over 100 years with the coming into force of the Insurance Act 2015. The Act introduces key changes to the duty of disclosure in commercial insurance contracts...
Insuring reps & warranties risks in M&A transactions
Allied World Insurance Company In recent years, representations and warranties (R&W) insurance has become a much more common feature of mergers and acquisitions transactions, driven in large part by private equity firms and other ‘repeat customers’. R&W...
Captive insurance companies: an alternative risk transfer vehicle
Arent Fox LLP Any commercial organisation that is large enough to utilise a holding company structure for its subsidiaries and operations should seriously consider creating and utilising an alternative risk transfer (ART) vehicle or structure for its...
Trending risk transfer techniques challenge legal conventions
Kramer Levin The use of captive and other non-traditional insurers to manage risks may pose challenges to accepted legal doctrines and conventions. Below we focus on some evolving aspects of risk transfer that warrant caution for...
Board governance must include cyber security risk management and insurance strategy
King & Spalding Cyber security has become a core governance issue for boards as company after company has been rocked by cyber security incidents. Board members have fiduciary duties, which generally require them to monitor...
Securing insurance for the ‘Internet of Things’
K&L Gates LLP Internet connected, data generating items are increasingly integrated into every aspect of daily life. It is commonly accepted that the amount of data we generate will increase tenfold every five years, and more and more consumer and...
Yates Memorandum: impact of new rules for manager liability in the US on D&O insurance in Germany
Hendricks Rechtsanwälte In the motherland of D&O insurance, the US Department of Justice (DOJ) has proclaimed to make short shrift with managers. This makes an adjustment of current D&O insurance protection necessary. As for German managers’...
Allianz Global Corporate & Specialty (AGCS) Energy is a volatile business. The price of a barrel of oil – the herald of fat times or lean for the industry – reached a sky-high $100 a barrel early last year only to slide into a mid-$30s hole by Christmas. Tension in the industry has...
Asbestos litigation reform momentum builds in US
Shook, Hardy & Bacon L.L.P. Asbestos litigation in the US is now over 40 years old, yet continues to cost defendant companies and insurers billions of dollars each year. The litigation marches on because asbestos use was so widespread, and because of the...
Insurance coverage and the Telephone Consumer Protection Act
Bryan Cave LLP The past several years have seen an explosion in class action cases brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C 227. The TCPA generally restricts telemarketing phone calls and the use of...
CONTRIBUTORS
Allianz Global Corporate & Specialty (AGCS)
Allied World Insurance Company
Arent Fox LLP
BLM
Bryan Cave LLP
CMS Cameron McKenna LLP
Freshfields Bruckhaus Deringer LLP
Hendricks Rechtsanwälte
K&L Gates LLP
King & Spalding
Kramer Levin
Mills & Reeve LLP
Pinsent Masons LLP
Shook, Hardy & Bacon L.L.P.
Weightmans LLP