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 the borrower (the investment vehicle of an ultra-high net worth individual) in connection with a $65,000,000 revolving credit facility to fund capital calls.
Acting for the lender on a £45,000,000 letter of credit facility made available to provide Funds at Lloyd's to support a corporate member in run-off.
Acting for the borrower (the UK subsidiary of a global US insurance company) in relation to a GBP 55,000,000 letter of credit facility for the purposes of enabling its underwriting arm to provide Funds at Lloyd’s
Acting for the borrower (a Bermudan reinsurance company) in relation to the amendment and extension of its original £106,000,000 letter of credit facility for the purpose of enabling its underwriting arm to provide Funds at Lloyd’s
Acting for the lender (a prominent UK insurance company) in relation to the refinancing of an existing £60,000,000 term loan facility and the residual intercreditor and security arrangements following the refinancing
Acting for the arrangers on a US$1,100,000,000 term loan facility financing a consortium bidding for the acquisition of Transatlantic Re
Acting for the arrangers and financiers on a US$106,500,000 term loan facility financing the acquisition of an insurance company by the Enstar Group
Acting for the lender on a US$158,000,000 letter of credit facility made available to support the obligations of a prominent UK insurance company under a whole account quota share reinsurance agreement
Acting for the financiers on a US$180,000,000 letter of credit facility to provide Funds at Lloyd’s to support and stand account for reinsurance to close business undertaken through a managed Lloyd’s syndicate
Acting for the arrangers and financiers on a US$250,000,000 revolving credit facility for Enstar Group Limited
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