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.

Serious Fraud Office victory in long arm jurisdiction case

male colleague looking towards a female colleague having a discussion

A lot of press attention has been directed to the recent defeat of the Serious Fraud Office (SFO) in the Court of Appeal in its attempt to prevent a company under investigation from relying on litigation privilege to withhold documents. … Continue reading →

Do D&O insurance policies cover claims for ‘damages’ brought by insolvency practitioners?

A judge talking to two lawyers in the hall of a marble building

With D&O policies becoming longer and more complex, an increase in claims activity and signs that the market may be hardening, the need to focus on the important stuff has never been greater. I have often blogged before about the … Continue reading →

Must companies now avoid the stigma of tax avoidance?

group of men and women in suits sitting around a table looking at a laptop together

I’ve blogged recently about the dangers of corporate tax evasion, given the new powers open to prosecutors under the Criminal Finances Act, but what about its seemingly much less dangerous and perfectly legal cousin: tax avoidance? There’s some evidence that … Continue reading →

Are new laws that will make directors of holding companies accountable for the sale of distressed subsidiaries a charter for zombies?

black crow and a pigeon standing on a slab of concrete surrounded by water

I’ve written before about the extent to which English courts have been prepared to lift the corporate veil and hold a parent company responsible for the acts and defaults of another company in the same group. In the Chandler case, … Continue reading →

Can you rely too much on professional advice as a director?

two men conversing beside conference table in office

Blame the lawyers is a familiar refrain. As one myself, I recognize the accusation. There is perhaps a connection between the uncertain times in which we live and the stellar earnings reported recently by Magic Circle law firms. From sanctions … Continue reading →

Three tips for senior managers seeking to avoid reputational damage

man in a suit leaning over a railing

A theme to which I often return is the extent to which there is scope for divergence of interest between individuals and their employers, especially in the context of regulatory investigations. For more, see my blog, Supreme Court victory for … Continue reading →

There are four million U.K. companies, but how many buy D&O insurance?

Red phone booth on London street with Big Ben and other buildings in the background

At the end of March 2018, the number of companies on the total register of U.K. companies surpassed four million for the first time ever, reaching 4,033,355. Although the number on the effective register (i.e. companies not in dissolution or … Continue reading →

The risks and challenges of silent cyberinsurance

close up of a man looking at a computer screen

You hear a lot about cyberinsurance these days and the need for it, and judging by how busy my cyber colleagues are, there’s no sign of an end to demand any time soon. Less is heard though about the so-called … Continue reading →

Does public policy prevent recovery for fraud under Delaware law?

Delaware state seal

An interesting recent Directors and Officers (D&O) decision of the Delaware Court challenges the tacit assumption that public policy necessarily prevents recovery from insurers in cases where fraud and deliberate misconduct is alleged. The case concerns an action brought by … Continue reading →

An insurer’s ‘duty to speak’

a man and a woman in suits talking at a table with papers in front of them

Does an insurer have a duty to tell you that unless you take certain steps, you will lose rights under a policy of insurance? Depending on the facts, the answer may be yes. In the first Ted Baker Plc. and … Continue reading →