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15 September 2020
Jeffrey A Brown Concurrent duty to defend – a team sport

Canada - Theall Group LLP

In a recent case, the Ontario Court of Appeal addressed three important elements of the duty to defend where there is concurrent coverage under two policies – namely, whether there was a concurrent duty to defend given the existence of an 'other insurance' clause, the obligation to pay ongoing costs and its allocation and the right to participate in the defence.

Author: Jeffrey A Brown
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Hao Zhan WFOE shopping: how do Beijing, Shanghai and Shenzhen compare for establishing an insurance WFOE in China?

China - AnJie Law Firm

Foreign insurers cannot directly sell insurance products in China unless they have successfully established a joint venture or wholly foreign-owned enterprise (WFOE) insurer in mainland China. In light of Shenzhen's recent pilots and reforms, it is now the most favourable destination for foreign insurers seeking to establish a WFOE in mainland China.

Authors: Hao Zhan, Jia Wan, Agnes Wang
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Miryam Lassalle Distance insurance contracts: points to consider during pre-contractual phase

International - NautaDutilh Avocats Luxembourg S.à r.l.

The COVID-19 pandemic has highlighted the usefulness of new communication techniques and provided greater legitimacy to digitalisation projects in the broader context of adapting to new consumer expectations. The insurance sector is not immune to these changes. This article provides a review of the provisions on distance insurance contracts, which reveals that insurers are subject to complex pre-contractual obligations to which particular attention should be paid prior to the conclusion of contracts.

Author: Miryam Lassalle
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Andreas Meidell Pandemic delay clause in Nordic marine loss of hire insurance

Norway - Advokatfirmaet Thommessen AS

In marine insurance, business interruption is covered by loss of hire (LoH) insurance. LoH is a separate insurance for loss of time caused by a casualty and linked to the hull and machinery insurance for the insured vessel or unit when it covers repair costs. The COVID-19 pandemic and the restrictions imposed will not be considered a 'casualty' for an insured vessel or unit. However, for marine casualties caused by other perils, it is clear that COVID-19 has led and will lead to significant prolongations of repair periods.

Authors: Andreas Meidell, Henrik Hagberg, Henrik Fabian Torgrimsby, Bettina Thaulow Harto
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Recent updates

Bernardo de Senna Regulatory changes for reinsurers

Brazil - CAL - Costa, Albino & Lasalvia Advogados

Authors: Bernardo de Senna, Geoffrey Conlin
Olaf Hartenstein In hot water: court rules on claim for cover against liability insurer

Germany - Arnecke Sibeth Dabelstein

Authors: Olaf Hartenstein, Karen Lorenz
Callum Micucci Court awards commercial pre-judgment interest rates on successful coverage claim

Canada - Theall Group LLP

Author: Callum Micucci
Miryam Lassalle Application of EIOPA guidelines on outsourcing to cloud service providers by insurers and reinsurers

Luxembourg - NautaDutilh Avocats Luxembourg S.à r.l.

Authors: Miryam Lassalle, Vincent Wellens
Christian Werenberg What should companies do if they have claims against a bankrupt tortfeasor?

Denmark - WSCO Advokatpartnerselskab

Author: Christian Werenberg
Shubhangi Pathak IRDAI Circular on Transfer of Shares of Insurers – clarifications and further questions

India - Tuli & Co

Authors: Shubhangi Pathak, Priya Misra, Nimisha Srivastava
Masakazu Masujima Impact of Financial Service Intermediary Act on insurers

Japan - Mori Hamada & Matsumoto

Authors: Masakazu Masujima, Kazuo Yoshida, Yuta Mizobata
Jia Wan China, GATS, Trump: do non-US insurers get a piece of the US-China trade deal?

China - AnJie Law Firm

Author: Jia Wan