Insurance Law - The Nuts & Bolts in One Day

Introduction

This interactive course aims to provide delegates with a practical refresher in insurance law and is aimed at busy practitioners, in house professionals and risk managers.

It will cover what an insured needs to do when buying insurance and the pitfalls to avoid, how to understand an insurance contract and its key terms, tips on how to make a claim and what to expect in the event of a dispute.

What You Will Learn

This course will cover the following:

• The fundamental requirements of of an insurance contract, what has to be in the contract and what form it should be in
• The duty to make a fair presentation of the risk - what information needs to be disclosed to insurers and the penalties for breach of that; the particular issues in relation to subscription markets and the difference between commercial contracts and consumer contracts. Decided cases under the Insurance Act 2015
• The role of the broker/intermediary - who do they work for and what are their responsibilities? How do the brokers' duties arise and how is compliance with those duties to be judged?
• Key terms in the insurance contract - what is covered and what is excluded under the contract and who can have the benefit of the insurance (including the Contracts (Rights of Third Parties) Act 1999 and the Third Parties (Rights Against Insurers) Act 2010
• Understanding an insurance contract - how the courts will interpret the contract (including the recent guidance from the High Court and Supreme Court in FCA v. Arch); the key role of warranties and the consequences of breach following the Insurance Act 2015; the use of conditions precedent and subjectivities and other standard conditions
• Claims - Notification requirements and the consequences of late notification and other key claims clauses; how claims are calculated and what happens if insurers delay payment - including the 2022 case of Quadra Commodities S.A v XL Insurance Co SE and Others
• The operation of claims control and claims cooperation clauses in facultative and direct contracts
• Dispute resolution - Different forms of dispute resolution including ADR and Arbitration and the role of the Ombudsman
• Particular limitation periods applicable to insurance