header-logo header-logo

Potential pitfalls of Insurance Act

03 September 2015
Issue: 7666 / Categories: Legal News , Brexit
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll