Kennedys’ Post

I was recently in an audience listening to the fabulous Jenny Screech of Howden, raising further awareness of the risks impacting PII for law firms, when the title ‘Health and wellbeing’ caught my attention and I wanted to learn more.   Jenny and I caught up to discuss what we were seeing/hearing in our different working worlds and there were so many correlations. Jenny kindly provided me with Howden’s Law Firm Market Report (page 30), which states under the heading: Health and wellbeing “We mention this again as we consider it is now firmly on the agenda for PII Underwriters.”   https://lnkd.in/eb3vrHTA   Let’s face it… mistakes are made when fee earners are exhausted, overworked and burnout, so no wonder PII underwriters are asking what initiatives firms have in place to mitigate such risk.   I work with law firms in various ways to help support the health and wellbeing of their staff and wonder how many are highlighting what their firm is doing…   Please get in contact to discuss how I can support the health and wellbeing of your firm. Jenny Screech #lawfirms #professionalindemnityinsurance #lawyerslife #risk #healthandwellbeing

In The Open MRI Guys of Palm Beach, LLC v. Progressive Am. Ins. Co., No. 3D23-2008 (Fla. 3d DCA Sept. 25, 2024), Kubicki Draper attorneys Michael Clarke and Joye Walford obtained an affirmance of an order granting Progressive’s motion to transfer venue based on the insurance policy's venue clause. The Third District Court of Appeal held that the venue clause is mandatory, and not permissive, because its plain language establishes the exclusivity of the chosen venue. The clause provides, "Unless we agree otherwise, any legal action against us must be brought in a court of competent jurisdiction for the county and state where the person seeking coverage from this policy lived at the time of the accident." The plaintiff/appellant argued that the chosen venue is not exclusive because the clause gives the insurer the ability to agree to a different venue. The Court rejected this argument, concluding that the plain language of the clause mandates where an action against the insurer "must be brought." The Court held that the non-mutuality of the clause does not make it permissive and unenforceable. This case emphasizes the importance of the wording of a venue clause to its enforceability. To be enforceable, it must require that the insured bring an action in a specified venue. Use of terms like "must" and "shall" indicates a mandatory clause while terms like "may" or "should" indicates a permissive clause. Notably, the venue clause was enforced against a PIP provider assignee with the Court finding that the plaintiff “stands in the shoes” of the insured/assignor. Insurers may want to examine the language of their policies' venue selection clauses to ensure the use of the mandatory language. View the full opinion at: https://ow.ly/Bq1u50TACeK #KDLaw #Florida #Alabama #SuccessStory #AppellateResult

In a recent interview with Ασφαλιστικό Marketing, Alkistis Christofilou, Partner at Rokas Law Firm, delves into the vital role and function of AIDA (International Association of Insurance Law), highlighting its contribution as a global think tank for insurance law. She explores critical legislative developments that are reshaping the domestic insurance market in Greece. One key area is Law 5116/2024, which introduces mandatory private insurance for natural disasters. Alkistis offers valuable insights into the challenges and opportunities of implementing such a system, drawing parallels with the successful model applied in Spain. Additionally, she addresses the incorporation of the EU Directive 2021/2118, which governs motor vehicle liability insurance. This directive is set to significantly impact insurers and policyholders, further aligning Greek legislation with the evolving European framework. 🔶 For the full interview, visit: https://lnkd.in/gpgU-32m #InsuranceLaw #AIDA #EURegulations #LegalInnovation

The October 2024 edition of the Health Legal Report is available! In this issue we feature some interesting articles and set out some of the Bills we are tracking throughout Australia. Download your free copy here. #law #legal #australia #health #lawandlegislation #healthcarecompliance #caselaw #healthnews #healthlaw

#arbitrationlaw: In a lawsuit, State Farm accused several health care providers and others engaged in a scheme to obtain No-Fault benefits by providing unnecessary treatments and services, and then filing baseless arbitrations and state-court lawsuits to seek reimbursement for unpaid bills. The US District Court for the EDNY granted State Farm’s motion for a preliminary injunction in part, enjoining the defendants from proceeding with pending arbitrations and from initiating new arbitrations and state-court proceedings, but denied an injunction of the pending state-court proceedings. The United States 2nd Circuit Court of Appeals found that the district court did not abuse its discretion in finding that State Farm demonstrated irreparable harm, serious questions going to the merits, a balance of hardships tipping in its favor, and that the injunction was in the public interest. The court also concluded that the Federal Arbitration Act did not bar the injunction of the arbitrations. However, the Circuit court reversed the district court’s decision not to enjoin the pending state-court proceedings. See, State Farm Mutual v. Tri-Borough https://lnkd.in/eDe-hMwY

Pierre Janusz and Anna G. have written an article for Personal Injury Brief Update Law Journal (Law Brief Publishing Ltd) regarding the decision of the Court of Appeal in Nicholls & Ors v. Mapfre [2024] EWCA Civ 718.   The decision provided the Court of Appeal with an opportunity to give a definite ruling on whether, in a case where the law applicable to the claim is Spanish law, an English court is obliged to award “penalty” interest pursuant to Article 20 of the Spanish Insurance Contract Act 50/1980 (Article 20). This article seeks to consider an issue which can arise in such cases, namely what approach a court should take in a case where it is required by CPR r.36.17(4)(a), unless it considers it unjust to do so, to award interest on all or part of the damages awarded at a rate of up to 10% above base rate when it is required also to award interest pursuant to Article 20.   The full article is available to read online on the Personal Injury Brief Update Law Journal website - https://lnkd.in/etXSXYMJ   #personalinjury #international #crossborder #insurance #accidentsabroad

We’re pleased to announce the release of the latest edition of Insurance Disputes by Lexology, a comprehensive guide that sheds light on evolving insurance conflict resolution across global jurisdictions. 🔍 What's New? This edition dives into key legal frameworks, recent case law, and litigation trends impacting insurance disputes worldwide. It's a valuable resource for professionals navigating these complex issues. 🌍 Spotlight on Greece For the fourth consecutive year, Rokas Law Firm contributes expert insights on insurance disputes in Greece. Authored by Dr. Antonios Tsavdaridis (Partner) and Kosmas Karanikolas (Senior Associate), our chapter explores: 🔹 The legal landscape and recent court decisions 🔹 Emerging trends in the insurance market 🔹 Practical guidance for both local and international professionals 📰 Access the full edition on Lexology and explore the Greece chapter here: https://lnkd.in/gXpK64yv #InsuranceDisputes #LegalUpdates #Lexology

Roberta Watson is quoted in this Bloomberg Law article covering a split among U.S. District Courts in the litigation between medical providers and insurance companies over the enforcement of arbitration awards in surprise billing disputes, and the related impact... Please click below to read. https://lnkd.in/ey9u-J7M

🤕 Have you had a claim made against you or your business, or have you had to put in a claim yourself? If you have, you're probably familiar with the process for this in Ireland. But if you haven't, we have a great breakdown of the claims process through the Injuries Resolution Board.   ✍ In our latest consumer blog on UnderstandingInsurance.ie, we're taking a look at the Injuries Resolution Board, formerly PIAB. The Injuries Resolution Board is the first port of call for injury claims in Ireland. It allows claims to be settled without having to deal with costly and lengthy court litigation.   🔗 Read the first of our two-part blog here: https://lnkd.in/eiShYSUf. (Watch out for Part 2 next Wednesday!)   You can also check out our other consumer blogs on UnderstandingInsurance.ie. #PersonalInjuries #InjuriesResolution #Insurance 

Thanks to Insurance Ireland for featuring us in their consumer blog. You can find great detail here on our services and processes with part two of the blog coming out next Wednesday