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
Initial policy coverage investigations, advice and triaging for a broad book of non injury placed insurance policies
Acting in relation to a claim by an employee in a local grocery business against his employers’ directors after he was seriously injured falling down a lift shaft. Inadequate insurance was in place for the injuries sustained.
Acting on a delegated authority basis on a portfolio of TMT (Technology, Media and Telecommunications) cases including into small claims and fast track court proceedings
Acting on a delegated authority basis in relation to a varied book of solicitors pre-litigation professional negligence cases
Acting for a large number of insurers who offer all or any of professional indemnity, property liability and public liability insurance on a general retainer as well as delegated authority basis in relation to defending over 2,500 retro-fit cavity wall insulation cases including pre-litigation
Claims handling a book of outsourced pre-litigated and litigated cases against surveyors and valuers
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