Recent Developments of the Practical & Legal Concerns in PI Related Insurance Industry

Highlights of the course include:

• Introduction to different kinds of insurance and their respective scope e.g.: Employees’ compensation, Public liability; Motor insurance; Professional indemnity etc.
• Insurers’ Concerns on policy coverage—the Basics
  • Policy period—occurrence / claims-made basis
  • Risk locations
  • Identity of Insureds
  • Deductible and policy indemnity
  • Exceptions
• Insurers’ Concerns on policy coverage—the insurance clauses
  • Double Insurance Clauses
  • Notification requirements under the policy
  • Reasonable precaution requirements under the policy
  • Increase of risk clause
  • Admission of liability clause
• Handling of Claims vs insurers
  • Employees’ Compensation claims
  • Motor insurance claims
  • Practice Directions 18.1 and 18.2
  • Proactive case management by Insurers
  • Joint medical examination before action
  • Without prejudice negotiation and mediation
• Acting for insurers
  • Advice on policy coverage
  • Preliminary advice on liability and initial advice on quantum and recommendation of reserve
  • Advice on tactics to claims handling
• Scope of cover Vs Schedule of policy – which part should carry the ultimate definition and identity of the employee concerned?
• Insurer’s right to disclaim policy in case of belated notice of accident / Summons/charge
• Can costs be awarded against Employee compensation Assistance Fund Board ?
• Effect of third party insurance policy in case of Uber driving
• Are Uber drivers driving for ‘hire or reward’ without a proper license?
• Are the insurance policies in relation to Uber private vehicles effective for the purpose of traffic accident claimants?
• Legal impact on insurance policy upon misrepresentation by insurance agent.
• Verbal representation Vs wordings of policy ?
• Liability of insurer for actions tainted by maintenance and champerty
• What constitutes champerty?
• Case Studies

Tricky legal issues

• Insurance cover for employees- Scope of cover Vs Schedule of policy – which part should carry the ultimate definition and identity of the employee concerned?
• ( Study of Lo Siu Wa V ECAFB FACV no. 12 of 2017 )
• Insurer’s right to disclaim policy in case of belated notice of accident / Summons/charge ?
• Can costs be awarded against Employee compensation Assistance Fund Board ?
• Validity of third party insurance in case of Uber driving Can insurer disclaim liability for Uber drivers?
• Liability of insurer for actions tainted by maintenance and champerty ( Case study of Winnie Lo V. HKSAR FACC No. 2 of 2011)