Liability

This paper provides an introduction to the Enterprise Act 2016, highlighting aspects that will be of interest to claims handlers and loss adjusters.

The Enterprise Act 2016 introduces the option for Insureds to claim damages for late payment of claims. The writer outlines some of the key points, including the time period limitation, Insurers option to contract out and interpretation of the term “reasonable”. The writer also discusses the potential impact for loss adjusters in relation to claim file documentation, interim payments and settlement agreements.

pdfEnterprise Act 2016 (462 KB)

This presentation was delivered as part of the CILA  Conference 2016 programme.  The session looked at the ways to ensure that you can effectively pursue a recovery action in other jurisdictions. This covered various issues including initial analysis, limitation periods, costs, local lawyers, timing and the importance of a court appointed expert. Practical guidance was also given on how to overcome these problems illustrated by case studies. The session covered the EU, China and India as examples. Shane Sayers, a partner with Kennedys provided an international lawyers perspective.

Speaker:
Shane Sayers, Partner, Kennedys in London

pdfCILA Conference 2016 – A Guide to Pursuing an Effective Recovery Action in Europe and Beyond (404 KB)

The CILA Liability SIG have hosted two seminars in the first half of 2016.

The first was entitled “Financial Loss & Sporting Liabilities” and was held at the BLM offices in Birmingham on Wednesday 18th May. Martyn Gabbitass of QuestGates and Chair of the Liability SIG opened the event with a talk on financial loss. Martyn explained how financial loss can arise in the context of liability claims and discussed the legal position, along with typical policy covers. Craig Faulkner, Complex Loss Specialist at Cunningham Lindsey UK then gave an overview of the current approach to sports and recreation claims, including the duty of care owed to players, spectators and officials. He covered landmark cases that have shaped the current legal framework and more recent case law. Our thanks to both speakers and BLM who kindly provided their premises.

The second seminar was entitled “Financial Loss or Injury?” and was held in Leeds on 21st June. David Fillingham, UK Head of Casualty at McLarens, first delivered a talk on financial loss (as described above). David was followed by Dr Ian Tatner, Senior Associate at Hawkins who explained their approach to the investigation of pedestrian slips and falls. Dr Tatner used case studies to illustrate the process and gave a fascinating demonstration of the pendulum test equipment. Both subjects prompted plenty of questions and debate from the attendees. Our thanks again to the speakers and our sponsors, Hawkins, who hosted drinks after the seminar.

The Liability SIG held a seminar at the London Chamber of Commerce and Industry on 10 December entitled: ‘Out With the Old & In With the New’. The event was opened by Jonathan Clark, Deputy President of the CILA, and was attended by over 40 Adjusters, Brokers and Insurers.

Kieran Walshe, Partner of DWF LLP delivered the first presentation which covered the Insurance Act 2015, with specific emphasis on what it means for the Liability practitioner. Craig Faulkner, Complex Loss Specialist at Cunningham Lindsey UK then gave an overview of the current approach to sports and recreation claims, including the duty of care owed to players, spectators and officials. He covered landmark cases that have shaped the current legal framework and more recent case law. Martyn Gabbitass, Chairman of the CILA Liability SIG and Technical Director at QuestGates, then concluded proceedings with liability cases that have ‘hit the headlines’; from vicarious liability through to Policy liability, covering Employer’s Liability, Public Liability and Product Losses.

Presentations

•   pdfSports Liability – Craig Faulkner, Cunningham Lindsey UK (1.32 MB)
•   pdfCase Review 2015 – Martyn Gabbitass, QuestGates (1.32 MB)