Webinar - Euro Pools v RSA – diving into notification issues
Agenda
This webinar looks at the seminal Court of Appeal decision in Euro Pools v RSA, and will provide an overview of the core legal principles surrounding notifying circumstances under professional indemnity insurance policies. The session also addresses the vexed issue of “hornet’s nest” or “can of worms” notifications, and the practical considerations involved.
Alex Rosenfield is a Senior Associate at Fenchurch Law
Webinar - Covid-19 BI Litigation: the Second Wave
Agenda
It is now over five months since the Supreme Court handed down its largely policyholder-friendly judgment in the FCA Test Case, but for a majority of policyholders, the end is not yet in sight.
Our webinar examines the second wave of Covid-19 BI litigation now emerging in relation to a host of issues left undetermined by the Test Case, including:
– Disease ‘at the premises’ clauses;
– Prevention of Access clauses;
– Aggregation;
– Furlough and other government support;
– Loss of Rent
Aaron Le Marquer is a partner at Fenchurch Law
Webinar - D&O: life after the pandemic
Agenda
This talk will provide a recap on the types of claims that directors can face and how D&O policies can respond to them. It will also examine some of the issues arising with D&O claims, and how Covid-19 could present further challenges ahead for the D&O market.
James Breese is a Senior Associate at Fenchurch Law
Webinar - Waiver, RORs, and “Prudent Uninsureds”: what do they mean?
Agenda
Jonathan Corman, a partner at Fenchurch Law, presented a webinar on 25 February on the above topic.
By reference to an actual case study, the webinar covered:
• when and why insurers reserve their rights;
• the difference between “waiver” and “estoppel”, and why it matters;
• what the policyholder and broker can do when faced with an ROR;
• the effect of an ROR on claim conditions; and
• the implications of a policyholder being told to act as a “prudent uninsured”.
Webinar - FCA Test Case: The Supreme Court Judgment
Agenda
Following the Supreme Court’s announcement that it will hand down its judgment in the Test Case on Friday 15 January, our webinar will give an overview of the key findings of the Supreme Court, including the final determination of business interruption coverage provided under Disease, Prevention of Access and Hybrid covers. Our session will also cover next steps for policyholders and consider some of the further issues that may arise in the adjustment and settlement of outstanding Covid-19 BI claims.
Presenters
Aaron Le Marquer, Partner
James Breese, Senior Associate
Webinar - Traps for Contractors and their Brokers
Practical issues to be aware of for those dealing with CAR and Contract Works policies, including the correct trigger for damage, when a defect may constitute damage and an overview of the two leading suites of defect exclusion clauses.
Rob Goodship is a Senior Associate at Fenchurch Law
Webinar - Virtual Coverage Symposium
A series of short topical sessions on a variety of insurance coverage issues. This virtual event is aimed at providing brokers with information on common coverage issues and tips on how to avoid them arising.
Session 1: Excess layer insurance
Session 2: Key exclusions in Construction All Risks insurance
Session 3: Reinstatement: when is it the appropriate measure of indemnity?
Session 4: Cover for COVID-19 under BI & other policies
Webinar - FCA Test Case: the Appeal
The Test Case brought by the FCA to determine coverage issues in relation to Covid-19 Business Interruption losses has been unique in a number of respects. It was the first case of its kind to be brought under the Financial Markets Test Case Scheme. It was brought, heard and decided on an unprecedented accelerated timetable. And it affected an enormous number of policyholders – over 370,000 according to the FCA’s estimate. The judgment issued in September produced some important results for policyholders, but many of the key findings are now under appeal at the Supreme Court.
Following the conclusion of the Supreme Court appeal hearings on 19 November, this session examines the main issues under dispute, the positions of the parties, and the implications of the outcome for policyholders and the insurance industry.
Aaron Le Marquer is a Partner at Fenchurch Law
Webinar: Notifying circumstances to claims-made policies
Partner Jonathan Corman talks about the thorny issue of notifying “circumstances” to PI and D&O policies, including:
The distinction between “loss occurring” and “claims made” policies.
The importance of being able to notify a “circumstance” as well as “claims”.
What is a “circumstance”? What’s the difference between a circumstance defined as one which “might” give rise to a claim and one “likely” to do so?
How detailed must the notification be?
What about “block” or “blanket” notifications?
The consequences of notifying late.