Insights
In observance of Pink Shirt Day, held every year on the last Wednesday of February, Alexander Holburn members wore pink to display support for anti-bullying and the firm’s commitment to eliminating any form of discrimination, bullying, or harassment from the workplace.
Pink Shirt Day raises awareness about bullying’s adverse effects and advocates kindness, acceptance, and inclusivity. Canadians wear pink shirts on this day to symbolize their dedication to a bully-free world.
For more information on Pink Shirt Day, visit https://lnkd.in/dw7szeu
#PinkShirtDay #AntiBullying #Inclusivity
In the wake of COP26 and the latest Intergovernmental Panel on Climate Change’s report, climate change risks continue to make headlines around the world.
An increasingly concerning issue is the rise of D&O liability exposures related to climate change. In this white paper, Legalign Global looks at the causes of exposure, regulatory and legal developments around the world, and the implications for D&O insurers in this space.
The white paper also provides jurisdictional snapshots of the regulatory and legal developments in D&O climate-related risk for Australia, Canada, France, Germany, New Zealand, Spain, the United Kingdom and the United States.
Click on the download below to read the full paper.
The JUVE Handbook of Commercial Law Firms 2021/22 underpins BLD’s position “as the insurer law firm par excellence” and reconfirms its market leadership in the specialist areas of insurance litigation and product advice as well as its excellent market position in the areas of dispute resolution (product liability & D&O) and corporate advice to insurers.
BLD captivates not only by its exceptional position in corona-related consulting through an experienced and multi-member team, to which there is hardly a counterpart in the German market. The firm is always “on the pulse of what is happening in the market” and, thanks to its many experienced partners, is in a position to guarantee a considerable density of advice on large-volume and complex central mandates in the sector. JUVE mentions, for example, the need for advice in insurance supervisory law, reinsurance business and corporate restructuring. But also in the area of product liability and D&O, BLD is so present that there is hardly any complex matter without BLD being involved.
In addition, the “market-leading practice in insurance contract law” continues to have a high need for advice in the area of company-related consulting by BLD for insurers in all lines of business, but also pension funds, public supplementary pension funds and company pension plans, among other things due to the low interest rates existing for years. The strategically important topic of digitalization has also become increasingly important regarding the previous year.
In addition, the successful expansion of international business, particularly in the area of product liability cases, is playing an increasing role. In this context, JUVE refers to the close cooperation of BLD with our partner firms of its international law firm alliance Legalign Global, foremost with DAC Beachcroft, as well as the expansion of the existing Legalign-alliance with the Canadian specialist law firm Alexander Holburn Beaudin + Lang. BLD thus succeeds in opening up new markets in North America and is also “directly mandated by companies”.
★★★★★ Insurance litigation
★★★★★ Product advice
Recommended lawyers:
- Dr. Rainer Büsken
- Bastian Finkel
- Dr. Joachim Grote
- Dr. Franz König
- Dr. Martin Schaaf,
- Björn Seitz
- Dr. Jürgen Veith
Bastian Finkel and Björn Seitz are mentioned as leading consultants for D&O cases and also in regard of dispute resolution.
★★★★ Product Liability
Recommended lawyers:
★★★ Company-related consulting for insurers
Recommended lawyers:
Dr. Joachim Grote is again mentioned as leading legal adviser in insurance supervisory law.
From 5 October 2021, the Australian Insurance Contracts Act 1984 (the ICA) will be amended so that consumer insureds will owe a new duty to take reasonable care not to make a misrepresentation to the insurer before entering into newly defined consumer insurance contracts (CICs).
A consumer will no longer be required to disclose “every matter that is known to the insured.. relevant to the decision of the insurer whether to accept the risk”. This change creates a regime analogous to that in the UK, under the Consumer Insurance (Disclosure and Representations) Act 2012 (the 2012 Act).
CICs concern insurance obtained wholly or predominantly for the personal, domestic or household purposes of the insured. This is a wide category and will include both general and life insurance contracts.
The change shifts the onus to the insurer to ask pertinent questions to elicit the information it regards as material to the risk. A consumer must take reasonable care not to make a misrepresentation when answering.
A misrepresentation made fraudulently is a breach of the duty. Other misrepresentations will be determined with regard to all the relevant circumstances. Where a breach of duty has occurred, an insurer has a “proportionate remedy” based on what the insurer would have done had the consumer not made the misrepresentation.
The insurer needs to be able to show that:
- It would have written the risk but on different terms (such as different deductibles or exclusions). If evidenced, the contract is to be treated as if those different terms apply; or
- It would have written the risk but on a higher premium. If evidenced, the higher premium is deemed to apply and the insurer’s liability is reduced proportionately to premium paid; or
- It would have not entered the contract at all. If evidenced, the insurer can avoid the contract (i.e. refuse all claims) but must return the premium.
The ICA expressly states that a consumer is not to be taken to have made a misrepresentation merely because it failed to answer a question or gave an obviously incomplete or irrelevant answer to a question. This provision is different to the UK regime and it may create difficulties for insurers with automatic renewals (which rely on the principle that the absence of a response is deemed to mean no change to material conditions).
The recent UK decision in Jones v Zurich highlighted the evidence an insurer must present to be able to avoid a contract for a non-fraudulent misrepresentation. It will not be simple for an insurer to prove that it would not have underwritten the risk without persuasive fact and/or expert evidence as to what the insurer would have done and it is clear that the materiality of any misrepresentation to the risk will be a key factor.
Insurers in Australia writing cover for CICs need to ensure that the questions asked of the consumer are clear and specific. Insurers should put in place processes to be able to determine clearly whether different terms or a higher premium would have applied if a misrepresentation had not been made or, in the alternative, why a risk would not have been underwritten at all.
The changes to the ICA do not affect non-CICs in Australia, so the existing duty of disclosure still remains in those circumstances.
For further information, please contact:
Doug Heard, DAC Beachcroft, London
William Robinson, Wotton + Kearney, Perth
International law firm DAC Beachcroft has retained its position as one of the leading LatAm insurance law firms, with a set of strong results in the recently published 2022 Chambers Guide to Latin America.
The firm has retained all of its existing rankings, including its top-tier ranking for Insurance: International Counsel in recognition of its ability to handle high-level cross-border mandates involving Latin America. In Chile and Colombia the firm maintained its Band 2 status for Insurance and in Mexico retained its Band 3 status, also for Insurance.
Partners Miguel de la Fuente (Mexico) and Juan Diego Arango (Colombia) secured individual rankings for the first time as ‘Up and Coming’ lawyers. They join Andrés Amunátegui (Chile), Mark Kendall (London), Anthony Menzies (London) and Camila de la Torre (Colombia) who are all ranked as Band 2 individuals, and Duncan Strachan (London) who is ranked in Band 3.
In the feedback given to Chambers, clients commented: “DAC Beachcroft handles our day-to-day insurance mandates and I like them because I can trust in them. They are capable of spotting mistakes and telling us when we are wrong.” Furthermore, “They are always looking after their clients, which is very important to us.”
Andrés Amunátegui, Partner and Head of LatAm at DACB, said, “This year’s rankings demonstrate the collective efforts and hard work of our teams. They also reinforce the international growth plans we have in the region, as we strive to serve our clients in all the business lines and jurisdictions where they are acting.”
This year’s strong performance in Chambers follows continued international growth at DAC Beachcroft. The firm made a number of strategic hires in recent months to expand its global offering, including Pablo Guillén and Ronan McLoughlin. Pablo is one of Spain’s leading insurance litigators and joined the firm’s Madrid office as a partner in its Global Insurance practice; Ronan joined DACB as a real estate partner in Dublin.
For the 13th time in a row, the German business and financial newspaper Handelsblatt has exclusively published the annual ranking “Germany’s Best Lawyers”. The survey was carried out by the US publisher Best Lawyers, which identified the most renowned legal advisors in Germany in an extensive peer-to-peer process.
Two BLD attorneys with “a particularly outstanding reputation” were named “Attorneys of the Year”: Dr. Joachim Grote for insurance law and Jan Kordes for product liability.
In addition numerous other lawyers from BLD are represented in this year’s ranking in product liability, insurance law and conflict resolution: Dr. Martin Alexander (product liability & insurance law), Jochen Boettge (insurance law), Dr. Gabriele Bögl (insurance Law), Dr. Rainer Büsken (product liability & insurance law), Dr. Reinhard Dallmayr (insurance law), Bastian Finkel (conflict resolution & insurance law), Prof. Dr. Dirk-Carsten Günther (insurance law), Heinz Otto Höher (insurance law), Stephan Hütt (insurance law), Jan Kordes (insurance law), Joachim Krane (insurance law), Dr. Theo Langheid (former name-partner, insurance law), Ulrich Lattermann (insurance law), Thomas Mittendorf (insurance law), Bjorn Seitz (insurance law).
We are very happy about this recognition and would like to take the opportunity to thank everyone at BLD – because a success like this is always the result of great team effort!
Legalign Global is delighted to announce the launch of its new Legalign website, showcasing its position as the alliance of best-in-region law firms working as one for the global insurance industry.
The Legalign alliance, which has been established for over five years, brings together best-in-region firms working to provide truly global insurance expertise.
In March 2021 the alliance expanded for the first time, bolstering its global coverage with the addition of Alexander Holburn (AHBL), one of Canada’s leading insurance law firms and a member of The ARC Group Canada.
This expansion means insurer, broker and corporate clients now have access to best-in-region legal advice across North America, and collectively, the alliance of five of the world’s leading insurance law firms – DAC Beachcroft, BLD Bach Langheid Dallmayr, Wilson Elser, Wotton + Kearney, and Alexander Holburn, offer in-depth expertise in all major regions.
As each alliance firm is a leader in their region, global insurance issues are addressed by combining local insights, relationships and influence to deliver unrivalled service to support the global needs and ambitions of clients – and their customers. Clients are provided with the capacity for cases to be referred across jurisdiction, while taking comfort in the fact that they are working with expert colleagues in these key jurisdictions.
Helen Faulkner, Head of Insurance at DAC Beachcroft, says, “The recent addition of AHBL into the Legalign Global alliance has strengthened our ability to provide expertise across all major regions. We are therefore delighted to now launch our new, dynamic website, to provide the insurance market with a window to our global insurance practice.”
Sports concussion claims are sitting high on the agenda of insurers likely to be impacted by them. This global issue is gaining increasing exposure in the international media.
On 9 March 2021, the UK Government launched a select committee to examine the scientific evidence and links between head injury and dementia across all sports where there is a risk. Following the 2016 litigation against the NFL, the US is seeing an increasing number of sports injury related legal actions across a widening range of sports. While in Australia, concussion litigation is a growing risk and continues to gain momentum with ongoing rumblings of potential class actions being advanced, as well as isolated claims commenced by individual players against their clubs alleging “CTE-like” symptoms arising from the mismanagement of their concussive incidents leading to early retirement. AI and data harvesting are also playing a role to better understand injury risks for individual players and the factors influencing these risks.
This Legalign Global update draws together insight and opinion shared by legal experts from DAC Beachcroft (UK), Wilson Elser (USA) and Wotton + Kearney (Australia), as well as Counsel and tech experts from a recent Sports Liability & Concussion webinar.
Download the full article here.
Alexander Holburn Beaudin + Lang LLP has had an impressive showing in the Canadian Legal Lexpert® Directory. Overall, twelve Alexander Holburn professionals were recognized as leading practitioners and lawyers to watch across ten practice areas in the 2021 edition of the directory.
Congratulations to the full list of recognized lawyers, and in particular to Ingrid Tsui who has been newly recognized this year as well as Ryan Howe who has been listed as a “Lawyer to Watch“.
The full listing of Alexander Holburn professionals listed in the 2021 Canadian Legal Lexpert Directory is below. Congratulations to you all.
Recognized Lawyers – Canada
Aviation Law
Construction Law
Corporate Commercial
- Ryan Howe (*Lawyers to Watch)
Estate & Tax Planning
- Mary Hamilton, Q.C.
- Ingrid Tsui (*newly recognized)
Franchise Law (Franchisor)
Litigation – Commercial Insurance
Medical Negligence (Represents Defendants)
Personal Injury Law (Represents Defendants)
Shipping & Maritime Law
Transportation Law
Alexander Holburn is a Lexpert-Ranked Firm in the following practice areas:
- Litigation – Commercial Insurance
- Professional Liability
- Shipping & Maritime Law
For the full details on our rankings please visit the 2021 online edition of the Canadian Legal Lexpert Directory which can be found here.
Alexander Holburn was ranked in Nationwide – Canada Band 4 for Insurance: Dispute Resolution in the 2021 Chambers Canada Guide.
Chambers notes, Alexander Holburn is a “notable full-service firm based in Vancouver with a recognized and broad insurance offering. Wins particular recognition for its work on construction disputes, as well as experience handling claims in the aviation and healthcare sectors.”
For more information about Chambers Canada, please click here.
Alexander Holburn is pleased to have 22 lawyers featured in the 2021 edition of The Best Lawyers in Canada®, with close to one-third of the firm’s lawyers recognized by their peers as outstanding professionals in their practice areas. Recognition in Best Lawyers is based on peer review and feedback from leading lawyers on the professional abilities of their colleagues within the same legal practice and location.
Our full listing is below. Congratulations to you all.
Recognized Lawyers – Canada
Aviation
Construction
Corporate + Commercial Litigation
Corporate Law
Family Law
Health Care Law
- F. Stuart Lang
Insurance Law
- Hollis Bromley
- Jo Ann Carmichael, QC
- Todd Davies
- Bruno De Vita, QC
- James Dowler, QC
- Laura Hanson
- David McKnight
- Robert McLennan
- Susan Sangha
Maritime Law
Medical Negligence, Personal Injury Litigation
Transportation Law
Trusts + Estates
Informed Insurance
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