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03 September 2015
Issue: 7666 / Categories: Legal News , Brexit
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Potential pitfalls of Insurance Act

DAC Beachcroft’s report issues warning over the implications of new Act

The insurance industry faces several potential pitfalls when implementing the Insurance Act 2015, according to an insurance report released by law firm DAC Beachcroft.

Its Insurance Market Conditions & Trends 2015/16 report, published this week, warns insurers to carefully consider the implications of the Act, which is due to come into effect in August 2016.

It states: “Unqualified statements such as ‘We apply the terms of the new Act to all our customers immediately’ will have very wide ramifications, for example on long-tail business, unless it is also clearly stated that the interim provisions only apply to policies incepting after a certain date.” It also warns that “proportionate remedies” could be seen as confirming cover unless claims handlers make the settlement terms clear.

The report makes 50 predictions for the industry, including industry uncertainty around the Brexit referendum, the growth of new liabilities associated with 3D printing and wearable devices, and a rise in privacy and cyber liability claims.

On deferred prosecution agreements (DPAs), it warns of an “increased risk” of claims against directors and officers in the UK due to the likelihood that “after a DPA has been entered into by the entity, individual prosecutions will follow”. Companies could also sue directors for failing to take steps to prevent a breach of personal data.

It warns that data breaches are likely to become more costly, with the proposed new European Data Protection Regulation “expected to bring mandatory breach notification requirements”. There are also questions surrounding the application of the Defamation Act 2013 with some cases due to be heard on the “public interest” defence and other areas.

David Pollitt, partner and head of insurance at DAC Beachcroft, says: “We think evolving data protection law could really boost cyber insurance policies, with data breaches set to become more costly.”

In clinical negligence, Pt 36 will play a more tactical role in the defence toolkit and there will be a “raft” of cases clarifying its redraft; the pre-action protocol for the resolution of clinical disputes is likely to increase the frontloading of costs as parties make “more and earlier use of expert evidence”.

Issue: 7666 / Categories: Legal News , Brexit
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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