Insurance focus - December 2018

In this edition of Insurance Focus we take stock of the red-lines, breakthroughs, bust-ups and backstops in the United Kingdom’s attempts to secure a financial services deal before exiting the European Union. We consider the “known knowns” and “known unknowns” and set out what contingency planners for insurers need to understand.

Following the legalization of cannabis in Canada, we consider the potential impact for insurers of the legalization of cannabis in South Africa following a recent landmark judgment in the Constitutional Court.

We also consider the impact of new legislation that aims to combat aggressive tax planning and improve tax transparency in the EU. We look at how the new “DAC 6” tax cross-border reporting requirements may affect insurers.

In our regular case notes feature we consider a recent decision in respect of which losses can be claimed under an All Risks cargo policy, a recent Australian Federal Court decision in favor of insurers’ right to avoid the policy and not advance defense costs under an adjudication clause and whether a breach of a performance guarantee should be subject to insurance under Quebec law. We also consider the impact of a recent UK decision in respect of the practice known as “offshore looping”.

We also include our regular feature of interesting legal and regulatory updates from across our offices.

In this issue: