Articles
By Tim Goodger and Ed Stanley
First published: Elborne Mitchell LLP Website
Although solvent schemes of arrangement in the insurance and reinsurance markets have suffered the occasional challenge in the Courts (e.g. Scottish Lion), they remain an important tool in helping bring finality to old books of business. Tim Goodger and Ed Stanley, partners of Elborne Mitchell LLP, comment on the developments in respect of Solvent Scheme of Arrangements in the re/insurance market since the ruling of the Inner House Court of Sessions in respect of the appeal by The Scottish Lion Insurance Company Limited, including the use of “opt-out” schemes to address the perception that creditors can be forced against their will to participate in a scheme by the majority vote and the exercise of creditor democracy.
By Andrea Lloyd
First published: Insider Quarterly
Divided by a common language we may be, but let’s not forget that the American and English legal systems also share common origins. Not surprisingly, then, there are many similarities, but they are certainly not the same. Just as transatlantic linguistic differences cause confusion, so do the legal differences – and they can be very costly.
By Alexandra Booth and Rosalind Jones
First published: Post Magazine (www.postonline.co.uk)
23 August 2011
The dust may now be settling on the recent riots in England, but the debate about the legal implications for the insurance market has a long way to go. Ros Jones and Alex Booth look at some of the main coverage issues from the perspective of insurers, reinsurers and corporate risk managers.
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By Timothy Brentnall and Alexandra Booth
First published: Insider Quarterly
8th June 2010
Each age has its zeitgeist. For the empire-building Victorians something robust like “caveat emptor” seems appropriate. For today? Something altogether more touchy-feely: “sustainability” and “transparency” perhaps.
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Author: Tim Goodger
First published: EM Website
18th November 2009
Parties should give careful consideration to the terms in re/insurance contracts and scheme of arrangements about the reviewability of dispute resolution decisions.
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Author: Tim Goodger
First published: Guide to Reinsurance Law Firms 2009
7th September 2009
The risk of insolvency within the re/insurance sectors is heightened as recession deepens. So how can cedents ensure they are not badly hit if a counterparty fails, asks Tim Goodger.
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