The In-House Lawyer

What can you do if your insurer goes bust? History shows that, at least since the 1950s, the likelihood that any authorised insurance company will not be able to pay its claims in full is reassuringly small. The level and composition of assets required ... Read more	Terminal traps in insurance contracts The terms of any insurance contract can be categorised as conditions, conditions precedent, warranties, or terms delimiting the risk. The status of conditions and warranties in mainstream contract law is reversed in insurance law. Breach:of ... Read more
How much are you paying your insurance broker? Contingent commissions were A lucrative feature of the London insurance market for many years, but the enquiries engendered by Eliot Spitzer, then New York State Attorney General, highlighted the methodology of brokerage in London and ... Read more	Insurance is a valuable asset In cases involving the lending of large sums of money, the use of the borrower’s insurance as a security asset is often viewed as the failsafe in the overall security package.1 In the event of ... Read more
Warranty and indemnity insurance Irrespective of the scope and quality of the usual due diligence in an acquisition transaction, the primary financial protection for the buyer of a company on either a share or asset deal is the scope ... Read more	Directors’ and officers’ liability insurance: problems and pitfalls One of the purposes of incorporation is to absorb and contain liability within the corporate shell: the so-called corporate veil, behind which directors used to feel reasonably safe. However, a director can in certain circumstances ... Read more
How to get the best from your broker Most large corporations will employ an insurance broker to advise on the company’s insurance needs and to place its insurance programme. The market and regulatory regime in which brokers operate has changed markedly in recent ... Read more	‘Trigger litigation’: past, present and future Collectively referred to as the ‘Trigger litigation’, Durham v BAI (run off) Ltd & ors [2008] consolidated six test cases in the High Court that sought clarification as to what ‘triggers’ an employers’ liability (EL) ... Read more
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