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Extension of UK SM&CR: Significant D&O Insurance Implications
December 9, 2019, Covington Alert
From December 9, 2019, the Senior Managers & Certification Regime (“SM&CR”) will apply to all FSMA-authorised firms in the UK. This extension of the SM&CR to an additional 47,000 firms is predicted to increase regulatory, investigative and enforcement focus on individuals, including by expanding the number of individuals targeted.
May 10, 2018, Covington Alert
The Court of Appeal in London has handed down a judgment of significance to both the insurance and international arbitration communities in Halliburton v Chubb. The judgment raises serious questions about the apparent reluctance of English courts to police arbitrators for “apparent bias” and to set aside arbitrator appointments and awards in London-seated ...
March 6, 2018, Covington Alert
The Commercial Court in London has recently held that breach of a specific policy provision described as a warranty in a buildings insurance policy allowed an insurer to avoid coverage for a fire claim, but was not grounds for making the policy completely void from inception, as the insurer had argued. The case is BlueBon Ltd v Ageas (UK) Ltd [2017] EWHC 3301 ...
May 4, 2017, Covington Alert
With effect from today, policyholders may recover damages from insurers for late payment of some insurance claims. For insurance contracts agreed or renewed on or after May 4, 2017 and governed by English law, the UK Enterprise Act 2016 introduces an implied term, affording the policyholder the right to recover losses caused by the insurer’s failure to pay valid ...