Legal
Brokers not responsible for BI test case insurance policies under contract law, argues FCA
The business interruption policies under scrutiny in the Financial Conduct Authority’s test case are presented ‘in the manner which most benefits insurers’ and therefore brokers should not take the blame for any contractual breaches, the regulator has…
RSA walks back on Marsh criticism in FCA's BI test case
As RSA changed its mind on part of its argument that drew criticism from Marsh, the Financial Conduct Authority said insurers were failing to take account of “the true nature of the insurance provided” in its business interruption test case, according to…
Turnover up but profits slip at Arag
Arag has posted a 14.7% rise in turnover to £14.1m for the year to 31 December 2019.
CMA opens investigation into Ardonagh buying Bennetts
The Competition and Markets Authority has today launched an investigation into whether Ardonagh buying Bennetts Motorcycling Services will lead to “substantial lessening of competition”.
Profits nearly quadruple at Ecclesiastical in 2019
Ecclesiastical delivered £58m in post-tax profit last year, more than treble the £15.2m achieved in 2018, according to a filing at Companies House.
Insurers accused of ‘dragging feet’ as extra FCA BI September trial dates mooted
Insurers have been accused of "dragging feet" in the Financial Conduct Authority's business interruption test case, as they sought additional hearing time in September to debate on the regulator's use of an analysis by the University of Cambridge to…
Future Focus 2030: The future of personal injury podcast - the pathway to reform
It is the year 2030. After a number of false starts the government finally introduced its Whiplash reforms in April 2022 following delays due to the extended impact of Brexit and Covid 19.
Future Focus 2030: The future of personal injury claims
In the second of a new monthly series, Post looks into the future at how the insurance market might change, with each part focusing on a specific issue. Jonathan Swift fast forwards a decade to look at how a new era of collaboration and ethics changed…
Swift v Carpenter: Change needed if costs formula 'no longer fits' purpose, says Personal Injuries Bar Association
If the current formula for calculating serious injury accommodation costs is no longer fit for purpose then it should be improved, the Personal Injuries Bar Association's representative said on the third and final day of the Swift v Carpenter appeal.
Action groups get go-ahead to intervene in FCA BI test case
Groups formed against Hiscox and QBE will “closely liaise” with the Financial Conduct Authority but are not permitted to increase the scope of the test case.
Briefing: Have insurers thrown brokers under the bus on BI?
There have always been points of conflict in the insurer and broker relationship but this week that reached a new low as RSA offered up Marsh as a human shield in its battle to avoid payment of business interruption claims for the Covid-19 pandemic.
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.