News & Analysis as of

Insurance Industry Reinsurance United Kingdom

Skadden, Arps, Slate, Meagher & Flom LLP

The PRA’s Expectations for Funded Reinsurance: How To Comply

The PRA has released an important statement on its approach to funded reinsurance. Our view is that the statement endorses the conceptual principle that funded reinsurance (particularly to offshore counterparties) should best...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 7: Technical Provisions

“The value of technical provisions should correspond to the amount which another insurance or reinsurance undertaking (the reference undertaking) would be expected to require to take over and fulfil the underlying insurance...more

Latham & Watkins LLP

Russian Exclusive Jurisdiction Clauses Fail to Stop Aviation Insurance Litigation in England

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The English High Court found that a current risk of unfair trial in Russia justified declining to enforce Russian exclusive jurisdiction clauses. The English High Court has cleared the way for major aviation insurance...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula Podcast | Investment Rules for Insurers and Reinsurers

This episode of “The Standard Formula” podcast features a conversation with the Financial Institutions Group’s Ben Lyon and Verena Mengis, who walk listeners though recent proposals for reform relating to Solvency U.K. and...more

Skadden, Arps, Slate, Meagher & Flom LLP

PRA Announces Final Adjustments to ‘Solvency UK’ Rules and Consults on Requirements for ‘Solvent Exit’ Plans

As discussed in our previous updates, in June 2020 the UK government announced a wide-ranging review of the Solvency II framework in the UK, aimed at reforming the insurance regulatory framework inherited from the EU given...more

BCLP

English Court Decides COVID-19 is a “Catastrophe”

BCLP on

The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Latham & Watkins LLP

UK Solvency II Reform - Implications for M&A

Latham & Watkins LLP on

The post-Brexit Solvency II reform aims for a more competitive and dynamic insurance sector in the UK. The UK government’s proposals to adapt the Solvency II regime more appropriately to the national insurance market have...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Bermuda Monetary Authority Consults Further on Enhancing Its Insurance Regulatory Regime

This edition of The Standard Formula looks at the updated proposals set out in the consultation paper published by the Bermuda Monetary Authority (BMA) on July 28, 2023, which relate to the BMA’s plan to enhance the...more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK PRA Warns the Bulk Purchase Annuity Market

The UK’s Prudential Regulation Authority (PRA) has reiterated its concerns regarding the UK bulk purchase annuity market. This contributes to a broader international theme of regulators expressing concern regarding the rapid...more

A&O Shearman

Enhancing the insolvency tools for insurance companies

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In July 2022, the UK government proposed two key changes to the existing insolvency arrangements in respect of insurance companies as part of a wider set of reforms to the existing Financial Services and Markets Act 2000...more

Skadden, Arps, Slate, Meagher & Flom LLP

The UK PRA’s Priorities for Insurance Supervision in 2023

The UK Prudential Regulation Authority (PRA) laid out its priorities for insurance supervision this year in a 10 January 2023 Priorities Letter. In this newsletter, we summarise the broad themes emerging from the Priorities...more

BCLP

Reinsurance: aggregation of COVID losses post-Stonegate

BCLP on

On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more

Eversheds Sutherland (US) LLP

Treasury publishes highly-anticipated notice of proposed rulemaking to update credit for reinsurance rules for Treasury-listed...

The US Department of the Treasury (Treasury), Bureau of the Fiscal Service (Fiscal Service) has published a Notice of Proposed Rulemaking relating to the federal regulations governing the corporate Federal surety bond program...more

Eversheds Sutherland (US) LLP

New York joins the roster of states now accepting applications for reciprocal jurisdiction reinsurers

New York has joined the handful of states that are now accepting applications from non-US reinsurers for recognition as a reciprocal jurisdiction reinsurer under new rules that allow US domestic ceding insurers to receive...more

Hogan Lovells

Insurance regulatory news, July 2021 #3

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COVID-19 BI insurance test case: FCA updates webpage The Financial Conduct Authority (FCA) has updated the webpage on its business interruption (BI) insurance test case. The FCA has published the Supreme Court order varying...more

Hogan Lovells

New Release: Insurance Horizons Brochure 2021

Hogan Lovells on

The global pandemic brought a wave of changes and developments that have impacted, and continue to impact, the insurance sector. As we look ahead, we see further change on the horizon. Around the world, we continue to...more

Carlton Fields

English High Court Blocks Financial Services Group From Bringing Excess Insurance Claim Against UK Reinsurers in South Africa...

Carlton Fields on

After paying out more than $21 million in settlements for its mishandling of a collective investment scheme that collapsed in 2009, financial services group ABSA filed suit in South Africa against its reinsurers to enforce...more

Pillsbury - Policyholder Pulse blog

Pillsbury Insurance Insolvency Watch: Legacy U.S. and London Insurers Set Claims Bar Dates for Policyholders

In recent weeks, two insurers with significant legacies of occurrence-based general liability coverage took important steps to liquidate their estates. Bedivere Insurance Company (OneBeacon) Liquidation - The first...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reaching a Consensus on (Re)insurance

Financial services, including insurance and reinsurance (together, (re)insurance), have effectively been omitted from the Trade and Cooperation Agreement (TCA), resulting in arguably the “hardest” Brexit for any key UK...more

BCLP

No Reinsurer Spiking Allowed - Now Settled English law: Equitas and MMI Supreme Court case is discontinued

BCLP on

The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more

BCLP

Does “late payment” of Covid-19 BI claims create additional exposure for insurers and reinsurers?

BCLP on

As has been reported widely in the press, policyholders are seeking damages from insurers for “late payment” due to insurers rejection of their Covid-19 BI related claims. In particular, many small and medium sized businesses...more

BCLP

London market impact of U.S. COVID-19 BI law challenge: How might the proposed U.S. state COVID-19 BI legislation be challenged?...

BCLP on

Reinsurers are generally bound to follow the fortunes of their reinsureds, but will these be the same fortunes that were priced, sold, and reserved at inception or post-contractual coverages that are mandated by state...more

Hogan Lovells

Pool Re launches Pool Re Solutions – a shift in the insurance industry’s relationship with terrorism risk?

Hogan Lovells on

Pool Reinsurance Company Limited has launched Pool Re Solutions, a new in-house centre of excellence for understanding, modelling and managing the threat of terrorism. The new unit is aimed at helping the reinsurer support...more

Eversheds Sutherland (US) LLP

NAIC’s work on revisions to credit for reinsurance model law and regulation is nearly complete

The National Association of Insurance Commissioners (NAIC) Reinsurance (E) Task Force has approved proposed revisions to the Credit for Reinsurance Model Law (Model Law) and the Credit for Reinsurance Model Regulation (Model...more

Eversheds Sutherland (US) LLP

Covered Agreement - An overview

On January 13, 2017, the then-US Secretary of the Treasury and the then-US Trade Representative (USTR) notified Congress that they had negotiated a covered agreement with the European Union (EU). After a period of uncertainty...more

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