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
Acting for a major insurer in a multi-million pound cross border contract dispute following the counterpartys material breach of contract, advising on the English law aspects and quarterbacking overall strategy in multiple strands of the case in France and England.
Acting for a major corporate in cross border litigation relating to fraud and breach of contract with total claims in excess of £1bn. Including handling breach of trust litigation is London with various ancillary freezing orders and overseeing Arbitrations and criminal proceedings in Italy and fraud claims in New York.
Acting for a software developer in a complex copyright infringement, breach of contract and confidential information claim which resulted in a lengthy trial in the Chancery Division of the High Court.
Successfully defending a software company in a dispute concerning the alleged misuse of confidential information, trade secrets and copyright.
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