Insurance
Insurance Act 2015: the issues the market is grappling with
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Claims against actuaries and employee benefit consultants can give rise to complex issues, where problems have lain undiscovered for years.
Our professional lines team work closely with pensions teams work to provide joined up [coverage and claims] advice and we are able to combine technical excellence with deep-rooted knowledge of the pensions industry.
Our experience of pensions related professional negligence claims includes issues such as:
Advising on coverage and monitoring in respect of notifications following employer insolvency and PPF assessment period commencing in relation to the Scheme
Acting in a claim relating to alleged delay in winding up a company pension scheme and losses arising from the resulting fall in the fund value
Advising on failure to amend a scheme correctly to equalise benefits for men and women following the “Barber” judgment in 1991
Advising on rules which incorrectly reflected the “preservation” legislation in the Pension Schemes Act 1993
Advising on incorrect drafting of rule consolidations
Acting for a national firm and its insurers in relation to a claim brought by trustees of a retirement benefits scheme after advisers failed to carry out correctly the equalisation of retirement ages in accordance with Barber which prevented the equalisation from being legally achieved on the date stated in the scheme documentation
Advising on failure to properly amend the scheme rules correctly to reduce future benefits
Acting on loss of chance claims
Successfully defending a trustee against a claim relating to misapplication of funds by a scheme member who had represented to the Insured that he was a company employee and therefore entitled to join a company pension scheme, when in fact he was not
Advising on claims under PTL policies for “exonerated loss” cover
Advising on a claim against a solicitor for breach of duty and breach of fiduciary duty. The claim raised significant issues regarding scope of duty, conflict of interest and causation in addition to a number of policy issues which also arose
Advising brokers on a substantial negligence claim for failing to advise correctly on cover required
Advising a solicitors firm on breach of breach of duty and scope of duty. The firm allegedly failed to carry our adequate due diligence around transactions which led to the client being defrauded by a substantial amount
Advising a London law firm on a claim related to advice given on a high value property acquisition
Advising a top tier, international law firm against a complex professional negligence case relating to legal opinions provided to their client. This matter included cross-border disputes and multi-jurisdictional advice
Defending a claim again a UK office of an international firm relating to advice involving a corporate transaction
Acting in a multi-million claim brought against a Jersey-based firm of solicitors acting as trustee in a family trust which was the subject of a dispute between settlor and beneficiaries
Acting for a magic circle law firm in relation to a complex negligence claim (EUR 60 million) arising out of the restructuring of a pan-European motor distribution network
Acting for an international law firm in a professional negligence claim relating to contract advice they had provided
Representing a law firm in a claim relating to allegations of negligence around the handling of litigation defence work
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