Insurance
Insurance Act 2015: the issues the market is grappling with
Click each term to find out more
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
Successfully defended a notable and valuable stress at work/protection from harassment claim on behalf of a large corporate entity resulting in nil damages and substantial recovery of defence costs.
Providing strategic advice to the ABI and its members following the MoJ consultation into mesothelioma claims.
Acting on behalf of Ladbrokes in the recent Court of Appeal case of Nicholls v Ladbrokes (2013) ECWA Civ 1963, a Post Traumatic Stress Disorder case involving allegations of negligence and breach of statutory duty following an armed robbery.
We successfully defended the Defendant in the case of Marian Holloway v Tyne Thames Technology Ltd, in which a UK court considered de minimis issues in a noise induced hearing loss (NIHL) case. This was a significant and positive decision for insurers continuing to face an unprecedented surge in deafness claims.
Acting on behalf of a Local Authority in the Mesothelioma Trigger Litigation in the Supreme Court leading to a successful judgment that policies of Employers liability insurance will respond for injuries sustained or contracted at the date of inhalation of asbestos. BAI (Run Off) Limited (In Scheme of Arrangement) v Durham [2012] UKSC 14.
Partner
Partner
Partner
Partner
Of Counsel
Partner
Partner
See more