Blogger Archives: Francis Kean

Francis Kean

Francis is an Executive Director in Willis Towers Watson's FINEX Global, where he specializes in insurance for Directors & Officers (D&O) of companies. He joined Willis in 2010 and has 25 years of experience as a leading litigation lawyer specializing in professional indemnity, financial institutions and directors and officers liability in the London insurance market.

“Business Common Sense” Prevails in Commercial Contract Dispute

A recent decision by the UK Supreme Court in Rainy Sky S.A. and others v Kookmin Bank marks a subtle but welcome change of approach to the interpretation of commercial contracts including of course insurance contracts. Continue reading →

Emerging D&O Risk of 2012

What do you get if you put 4 out of 5 risk and coverage issues for directors together, stir vigorously and add a pinch of regulatory zeal? Continue reading →

Beware of Sleeping Dogs in Hong Kong and Beyond

How long can you as a defendant director afford to do nothing if, after you are sued, the claimant does little or nothing to move its case against you forward? That is the question with which the Hong Kong Court of Final Appeals had to grapple in its recent judgment regarding the liquidated Wing Fai Construction Co. Ltd. Continue reading →

SFO to “Vigorously Pursue” Investors Who Benefit From Illegal Company Dividends

A warning issued by the UK’s Serious Fraud Office (SFO) yesterday has left investors quaking in their boots. As reported in the Financial Times today, the SFO has for the first time won a Civil Recovery Order under The Proceeds … Continue reading →

D&O Insurance: Mind the Gap

To what extent is there a gap between the actual or perceived risk factors affecting directors of large companies in the current economic climate and the insurance designed to protect against these risks? That was the question which lay behind … Continue reading →

Offshore Directorships: How Many Are Too Many?

First we had the Weavering case, shedding light on the standard of care expected by the Grand Court of the Cayman Islands of independent directors in offshore hedge funds. Now we have a front page exposé in this week’s Financial Times … Continue reading →

James Murdoch Gets His Own Lawyers – But at What Cost?

How can directors best protect themselves from having to pay large legal fees when they find themselves in conflict with the companies on whose boards they sit? Continue reading →

Directors and Officers Left Defenseless

New Zealand Justice

A surprise decision by a New Zealand court has denied directors access to their D&O policy to help pay their legal cost. Continue reading →

Scariest D&O Risk: Insolvency

What should be keeping board members awake now is the fear of finding themselves suddenly shorn of the protection usually afforded by the corporate veil. Continue reading →

Australian Lawsuit Exposes Threat to Non Exec Directors

Man in Boardroom

Remember the legal drama surrounding the directors of Equitable Life and Barings? In both cases the defence of the directors, and especially the non executive directors, was the following: Continue reading →