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.

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 →

Is Belgium pitching for more company head offices with new law limiting director liabilities?

man in a suit with a watch signing a contract

With a lot of attention right now on head office location, not least in the context of BREXIT and passporting under European Union rules, there may be a new factor to bear in mind. My thanks go to Bart Vanstaen … Continue reading →

FCA investigations – The new world

aerial view of city at night

Perhaps it’s no surprise that with a title like that, we had no shortage of delegates (200 plus) for an interesting interactive seminar which we ran in our London auditorium on February 1, together with two law firms (Brown Rudnick … Continue reading →

How “Pure Entity” Australian Class Actions have distorted the D&O market

gavel on a desk with some legal reference books in the background

In 2012, the Federal Court of Australia’s decision in ASIC v Healey sent shockwaves through the boardrooms of large Australian companies and beyond. All seven non-executive directors as well as the Chief Executive Officer of Centro Group were found by … Continue reading →

The importance of D&O insurers’ commitment to advance defense costs

close up of gavel on judge's desk

The problem One of the most important provisions in any D&O policy is the commitment by insurers to advance defense costs pending the resolution of the claim. That’s because many large and complex claims, including U.S. securities claims, take many … Continue reading →

A new U.K. Corporate Governance Code will require directors to look beyond shareholders’ interests

business man sitting at his desk working on a tablet

The long-awaited consultation by the Financial Reporting Council (FRC) on revisions to the U.K. Corporate Governance Code was published in December 2017. The Code has been revised many times since it was first introduced in 1992, but these changes are … Continue reading →

Should insurers settle a directors’ obligation to repay defense costs after criminal conviction?

gavel and open book

With the threat and reality of high profile white-collar criminal proceedings being brought against directors of very large companies in the U.K., it’s worth highlighting one extension of cover under directors and officers (D&O) liability policies that may not receive … Continue reading →

Greater criminal liability ahead for U.K. company directors involved in data breaches

hands typing on a laptop in the dark

The Data Protection Bill is currently making its way through the legislative process. This Bill will replace the current Data Protection Act and will provide a comprehensive framework for data protection in the U.K. The resulting legislation will supplement the … Continue reading →

Seeking cover in the new senior managers’ regime

Despite all the talk about personal accountability at board-level by politicians and regulators, there have been very few instances of prosecutions or enforcement against the senior managers of banks and other financial institutions. So, is there really any reason for … Continue reading →

Survey results show uptick in liability concerns for U.K. Directors

The results of our fifth annual survey of directors’ liabilities, which we run together with international law firm Allen & Overy, are now available. We’ve looked not only at the risks and exposures facing business leaders, but also at how … Continue reading →