While the Supreme Court of Canada agreed that litigation privilege and solicitor-client privilege are to be distinguished, it also recognized that both privileges “serve a common cause: the secure and effective administration of justice according to law.” Litigation privilege serves that cause by “ensur[ing] the efficacy of the adversarial process” and maintaining a “protected area to facilitate investigation and preparation of a case for trial by the adversarial advocate.” Both privileges thus serve an overriding “public interest.” … [Read more...] about Lizotte v. Aviva Insurance Company of Canada
He said: “From what we understand about university growth ambitions and the fact that we appear to be towards the lower end of those national league tables, in terms of the amount of purpose built accommodation for students, we don’t think we would have grounds for a policy saying ‘no more, that’s enough’. … [Read more...] about Are too many student flats being built in Norwich city centre?
For example, suppose that Life Insurer A would like to increase its profitability by increasing its investment returns on its capital assets — i.e., the premiums that it has collected, a portion of which will ultimately be needed to satisfy insureds’ claims. Life Insurer A sees that it can obtain greater returns through a certain investment that does not satisfy its state regulator’s “admitted assets” rules governing Risk Based Capital ratios. In order to free up assets currently held in reserve, Life Insurer A’s parent establishes Captive Reinsurer B in a jurisdiction with low reserve requirements, and the latter reinsures Life Insurer A. Through this captive reinsurance transaction, Life Insurer A reduces its exposure to future claims, allowing it to take a reserve credit toward the amount of assets that Life Insurer A’s state regulator requires it to maintain in reserve. … [Read more...] about S.D.N.Y. Dismisses Plaintiffs’ “Shadow Insurance” Class Action Claims
The UK’s Financial Ombudsman Service (FOS) acts as a middleman to help settle disputes between consumers and UK-based businesses providing financial services, such as banks and insurance companies. Every six months, the FOS publishes its complaints data and, according to the figures released yesterday, there was a sizable increase in the number of complaints in the first six months of 2010. … [Read more...] about Lloyd’s Tops UK Complaints List – Insurance Category
“By way of postscript, I do have personal concerns about a jurisdiction such as this which occupies an uncertain space outside the common law and statute. The relationship between what is fair and reasonable, and what the law lays down, is not altogether clear. The approach of the Court of Appeal has been to say that a sufficient nexus exists between these two normative categories because (i) the corpus of legal principles and rules is clear, and (ii) the Ombudsman must give clear reasons when she departs from the law. Speaking entirely personally, I am not wholly satisfied that this adequately bridges the gap, or gives sufficient definition to the norms under scrutiny. Who, or what, defines the contours and content of fairness and reasonableness? If the law takes one policy direction, what can rationally survive of a policy which has been eschewed? During the course of oral argument, I suggested that fairness and reasonableness may occupy some sort of penumbral space, by … [Read more...] about High Court Reaffirms FOS Discretion To Depart From The Law When “Fair And Reasonable”