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
Claims for breach of copyright by companies where a Web developer has used copyrighted images when designing a website without paying the appropriate licence fee
Claims for repayment of fees where the work done by the Insured has proved to be of a dissatisfactory quality
Advising fostering and adoption charities and residents associations, including in relation to service charge and injury claims.
Claims for infringement of copyright and designs rights where it was alleged that the website designed by the Insured was similar to that of the claimant
Failure by an IT systems installation expert to install a new IT system for a firm of solicitors that was 'fit for purpose'
Failure by an IT programmer to provide a software programme which provided a contact management system for their client
Claims for negligence where the Insured had failed to correctly code the shopping cart on a website used for the sale of the claimants' product, resulting in items being purchased for a quarter of the price
Advising on claims arising out of the supply of individuals to professional firms and companies, and representing a recruitment industry lobbying group
Failure by an IT website developer to create a bespoke website in accordance with the specifications requested by the client
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