MJM Limited announced last week that it will host Insuralex, a worldwide network of independent insurance and reinsurance lawyers dedicated to the insurance and risk management communities, in Bermuda from November 6–9 for its Mid-Year Meeting.
MJM is the Bermuda member of Insuralex and this is the first time that the meeting has been hosted in Bermuda. Read More «»
Before an insurance company pays out damages following an accident, one’s claim must be particularised fully. Such a claim will typically include all expenses incurred as a result of the accident, which may include damage to property and expenses for transportation.
Hardip Singh v Rashed Yaqubi is a 2012 case wherein Mr. Singh sued Mr. Yaqubi for damages arising out of an accident in central London which involved Mr. Singh’s Rolls Royce. Mr. Singh, through his counsel, argued that the hire of the Rolls Royce was reasonable considering the type of work that he was in and the image that he had to maintain, elements of which included the perception of success. Read More »
Bermuda is now the epicentre of the catastrophe bond/insurance linked security world. With $7 billion of these securities now listed on the Bermuda Stock Exchange, the island can claim almost half the value of the global market. Catastrophe bonds (also known as cat bonds) are risk linked securities that transfer a specified set of risks from an Insurance company which acts as a sponsor to investors through the issue of cat bonds and the trading in derivatives based on the bond. They were created and first used in the mid 1990’s in the aftermath of Hurricane Andrew and the Northridge earthquake and emerged from a need by insurance companies to alleviate some of the risk they would face if a major catastrophe occurred, which would incur damages that they could not cover by premiums and returns from investment using the premiums that they received.
Typically an insurance company issues bonds through an investment bank which are then sold to investors. These bonds are inherently risky and are multi-year deals. If no catastrophe occurs, the insurance company pays a coupon to the investors who make a healthy return generally based on LIBOR plus between 3% and 20%. However if the catastrophe manifests itself the principal paid by the investors to purchase cat bond securities is forgiven and used by the sponsor to pay its claims to policy holders. Read More »
Two recent announcements demonstrate that Bermuda has an important role to play in the global insurance market and is seeing growth in 2013.
The Bermuda Monetary Authority (“BMA”) presented figures for the period ending July 2013 in which 47 new insurers were registered. This represents an 81% increase on last year which saw 26 new insurers registered. Interestingly, 13 of those new registrations came in the month of July alone. The BMA has indicated that the new registrations were predominantly special purpose insurers (“SPIs”). For 7 of the registered SPIs, their total projected premiums in their first year of business are expected to be over $151 million. The new registrations will cover a broad range of business areas including property catastrophe reinsurance, catastrophe bonds and life and annuity. It was also noted that the number of captives in Bermuda remains steady and has done so for the last three years. Contrary to the suggestions that captives are re-domiciling onshore, this has not been the case in Bermuda. Read More »
Questions of Causation frequently arise in many areas of the law, but causation is not a single, unvarying concept to be mechanically applied without regard to the context in which the question arises.
Lord Bingham in R v Kennedy  UKHL 38
A dissent in a court of last resort is an appeal to the brooding spirit of the law, to the intelligence of a future day, when a later decision may possibly correct the error into which the dissenting judge believes the court to have been betrayed.
Chief Justice Charles Evans Hughes The Supreme Court of the United States 3rd ed 1936
The last ten years have seen the question of “but-for” causation brought into sharp focus in order to avoid the potential injustice to thousands of Mesothelioma victims who have contracted the disease and who now seek to establish a causal link between Mesothelioma and their exposure to asbestos during the course of their employment which may have taken place many years before. The central problem that has bedevilled such employer’s liability claims has been the difficulty in establishing when the disease was triggered. Read More »