A toolkit to guide users through PLC's UK and multi-jurisdictional insurance materials. PLC's UK web services provide some general insurance materials, together with materials on the regulation of the insurance sector in the UK. In addition, some of our UK web services offer sector-specific insurance materials and current awareness updates on insurance-related developments that fall within their scope. PLC Cross-border provides a multi-jurisdictional guide to insurance and reinsurance law in 22 countries.
PLC's UK web services provide some general insurance materials, together with materials on the regulation of the insurance sector in the UK. In addition, some of our UK web services offer sector-specific insurance materials and current awareness updates on insurance-related developments that fall within their scope. PLC also provides a multi-jurisdictional guide to insurance and reinsurance law in 22 countries.
General principles of insurance law
PLC's general insurance materials are listed below:
For an overview of the various doctrines and principles relating to insurance, see Practice note, General principles of insurance law (www.practicallaw.com/3-203-9754).
For a summary of the ongoing review of insurance contract law launched by the Law Commission in January 2006, see Practice note, Reforming insurance contract law (www.practicallaw.com/9-385-2436).
PLC Financial Services has a wide range of material covering the key UK, EU and international developments relating to the regulation of insurance, insurers and insurance brokers, which includes the following maintained resources:
For a broad overview of the regulatory treatment of insurance business in the UK, see Practice note, The regulation of insurance in the UK: an overview (www.practicallaw.com/1-202-1613).
For consideration of the type of arrangements that constitute contracts of insurance for the purposes of UK regulation, see Practice note, What is a contract of insurance?. (www.practicallaw.com/9-504-7521)
For consideration of the insurance-related activities that require authorisation under the Financial Services and Markets Act 2000 (FSMA), see Practice note, Regulated activities order: overview (www.practicallaw.com/6-202-3006). This note links to a number of relevant materials, including a practice note on the regulated activities of effecting and carrying out contracts of insurance as principal, see Practice note, Regulated activities: effecting and carrying out contracts of insurance as principal (www.practicallaw.com/7-203-1204).
For discussion of the Part VII FSMA regime that applies to the transfer of insurance business, see Practice note, Insurance and banking business transfers: the FSMA regime (www.practicallaw.com/4-201-8303).
For an overview of the procedures for the establishment of branches and the provision of cross-border services by insurance undertakings in the EEA, see Practice note, Passporting by insurance undertakings in the European Economic Area (www.practicallaw.com/3-202-1546).
For the prudential rules applicable to UK authorised insurance companies, see Practice note, The prudential regulation of insurance companies (www.practicallaw.com/6-226-7952).
For the conduct of business rules applicable to UK authorised firms involved in the sale and administration of insurance policies, see Practice notes, Insurance conduct of business regime: an overview (www.practicallaw.com/8-518-4325), Insurance conduct of business regulation: COBS overview (www.practicallaw.com/2-518-5912) and Insurance conduct of business regulation: ICOBS overview (www.practicallaw.com/8-518-5103).
PLC Financial Services also covers key hot topics for the insurance industry, including:
The UK transposition and implementation of the Solvency II Directive (2009/138/EC) (also known as "Solvency 2"). For a guide to PLC Financial Services' EU and UK materials on Solvency II, see Practice note, A guide to PLC Financial Services' Solvency II materials (www.practicallaw.com/9-518-0831).
The European Commission's review and reform of the Insurance Mediation Directive (2002/92/EC) (IMD), see Practice note, Hot topics: European Commission review of the Insurance Mediation Directive (www.practicallaw.com/0-383-8510).
For the key hot topics for the UK financial services industry that are being tracked by PLC Financial Services, see Practice note, Financial services hot topics: resources overview (www.practicallaw.com/9-381-9456).
In addition, every two months, Pollyanna Deane, a partner in Simmons & Simmons LLP's Corporate & Commercial Group, and a member of PLC Financial Services' Consultation Board, shares her views on topical insurance issues with PLC Financial Services subscribers. For Pollyanna's insurance columns, see Practice note, Pollyanna Deane's insurance columns (www.practicallaw.com/2-505-6199).
See generally the Insurance topic on the PLC Financial Services homepage.
PLC Construction provides materials relating to insurance in the construction and engineering context:
For information and guidance regarding the types of insurance relevant to construction and engineering projects, see Practice note, Insurance in construction and engineering projects (www.practicallaw.com/3-383-2074).
For an explanation of a professional consultant's duties in relation to professional indemnity insurance, public (or third party) liability insurance and employer's liability insurance, see Practice note, Professional appointments: insurance (www.practicallaw.com/8-382-7249).
For guidance on negotiating insurance provisions in specialised building contracts, see the following practice notes:
See generally the Insurance topic on the PLC Construction homepage.
PLC Corporate provides some materials relating to specific types of corporate insurance policy:
For an outline of the use and terms of directors' and officers' liability insurance, see Practice note, Directors' and officers' liability insurance (www.practicallaw.com/5-383-3973).
For information on the key features of warranty and indemnity insurance for buyers and sellers in private acquisitions, see Practice note, Warranty and indemnity insurance (www.practicallaw.com/0-382-6263).
PLC Employment provides a number of standard clauses dealing with the provision of insurance cover, which are intended to be inserted into employment contracts:
PLC Environment provides some materials dealing with insurance in the environment context:
For a guide to the different types of environmental insurance available, see Practice note, Environmental insurance (www.practicallaw.com/3-386-3353).
For information on insuring against flood damage, see Practice note, Managing flood risk (www.practicallaw.com/3-107-4437).
PLC Property provides a range of insurance materials that are of particular interest to the property sector:
For information on insurance issues that are specific to land and buildings, see Practice note, Property insurance (www.practicallaw.com/9-107-4241).
For advice on the insurance issues to be considered when drafting or negotiating leases, see Practice note, Leases: Insurance (www.practicallaw.com/6-500-1845).
For an explanation of the Pool Re reinsurance scheme regarding insurance cover for loss and damage to commercial property caused by acts of terrorism, see Practice note, Pool Re and insuring property against loss and damage caused by terrorism (www.practicallaw.com/3-107-3961).
See generally the Insurance topic on the PLC Property homepage.
PLC Dispute Resolution provides some insurance materials relating to particular aspects of litigation, such as costs insurance:
For a guide to the issues that arise when acting for an insured party in a dispute, see Insurance for litigators: a checklist (www.practicallaw.com/9-502-6750).
For a practical guide to the insurance issues that may arise when defending a claim, see Practice note, Defending a professional negligence claim: a guide for solicitors (www.practicallaw.com/1-510-6449).
For a guide to after the event insurance, the circumstances in which it is available, and dealing with insurance companies, see Practice notes After the event insurance (for policies taken out before 1 April 2013 and in the excepted cases) (www.practicallaw.com/9-525-2168) and After the event insurance (for policies taken out from 1 April 2013) (www.practicallaw.com/9-504-0925)
Current awareness on insurance-related developments relating to litigation funding appear under the Funding (www.practicallaw.com/5-381-9613) topic on the PLC Dispute Resolution homepage.
PLC Tax carries certain materials on the tax treatment of insurance. These include the following:
For an overview of insurance premium tax, see Practice note, Insurance premium tax (www.practicallaw.com/7-200-9364).
For information on the VAT exemption for insurance intermediaries, see Value added tax: Exempt supplies (www.practicallaw.com/2-107-3725).
Current awareness on the tax treatment of insurance, in particular, the VAT treatment of insurance, appear in the Legal updates tab in PLC Tax's Insurance topic.
See generally the Insurance topic on the PLC Tax homepage.
For a range of information on cross-border issues, see PLC Cross-border's Insurance and Reinsurance Handbook. This is a multi-jurisdictional guide which includes:
Q&As on insurance and reinsurance law and practice in 22 countries.
Practical information on topical cross-border issues.
Details of recommended insurance and reinsurance lawyers and law firms in jurisdictions around the world.
Answers to questions can be compared across a number of jurisdictions to assist in the management of cross-border transactions (see Country Q&A tool (www.practicallaw.com/4-501-3670)).
The following services offer current awareness coverage of insurance-related developments:
- PLC Commercial.
- PLC Construction.
- PLC Dispute Resolution.
- PLC Financial Services.
- PLC Property.
- PLC Restructuring and Insolvency.
- PLC Tax.
To subscribe to any of the current awareness e-mails offered by these services, click on the "My account" link at the top of every web page.