Tag Archives: insolvency

2019: The year regulators force insurers to account for sustainability risks on their balance sheets

close up of employees hands pointing to papers with charts. Laptops, tablets and phones are displayed on the table

The European Insurance and Occupational Pensions Authority (EIOPA) has released its latest sustainability proposals (EIOPA-BoS18/483), which are wide ranging and could have significant implications for insurers’ investment strategies, risk and actuarial functions, product pricing, design and sales processes. They involve … Continue reading →

What could the Prudential Regulation Authority’s proposal on managing climate change risk mean for insurers?

Men in headsets looking at a weather map with a computer monitor behind them

The launch of a consultation paper on the approaches to managing financial risks arising from climate change will transform the way that organizations do business. But how should insurers react – and what are the risks? The Prudential Regulation Authority … Continue reading →

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 →

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 →

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 →

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 →