Updates/Latest News

India:  Arbitration Clause in General Insurance policies – IRDAI circular dated 27th October 2023

“I. All policies issued under the Retail Lines of Business shall not have any Arbitration Clause. II. All policies issued under the Commercial Lines of Business shall have an Arbitration Clause as under: “The p...

India: Insurance Policy – Non communication of exclusion clause – Judgement- Anju Kalsi VS HDFC Ergo General Insurance Respondents Company Limited and Another

“The terms of the insurance cover had to be specifically communicated to the account holder.” “unless the respondents were able to establish on a cogent basis that the special conditions of the policy which was...

USA: Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?

Importance of Order of Payments Provision in a D&O policy : Judgement in In re: SVB Fin. Group, No. 23–10367  (Bankr. S.D. N.Y. May 22, 2023).

MEMORANDUM OPINION GRANTING MOTION TO ALLOW ADVANCEMENTAND PAYMENT OF INSUREDS’ DEFENSE COSTS UNDER D&O POLICIES

INDIA : THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 .    An Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal da...

The D&O Diary: Statement that Underlying Suit is “Without Merit” Held ActionableD&O Diary:

Statement that Underlying Suit is “Without Merit” Held Actionable

Warranty & Indemnity (W&I) insurance  – Finsbury Foods Plc v Axis Corporate Capital Ltd & Ors [2023] EWHC 1559 (Comm)- Judgement

Finsbury Foods Plc v Axis Corporate Capital Ltd & Ors [2023] EWHC 1559 (Comm)

NCDRC: MEDICAL NEGLIGENCE: Hospital Vicariously Liable for Acts of Doctor:

NCDRC upholds medical negligence and orders compensation. ncdrc-order-3-2-213750Download

India; Supreme Court: Burden of Proof in respect of exclusionary clauses : Judgement

NATIONAL INSURANCE COMPANY LTD. …..APPELLANT VERSUS VEDIC RESORTS AND HOTELS, PVT. LTD. …..RESPONDENT The burden of proof lies on the Insurer to demonstrate that the claim falls under the p...

India: Third Party Funding of Litigation – Tomorrow Sales Agency Private Limited v. SBS Holdings, Inc. and Ors. 2023 DHC 3830-DBIndia: – Delhi High Court Judgement

“Third-party funding is essential to ensure access to justice. In absence of third-party funding, a person having a valid claim would be unable to pursue the same for recovery of amounts that may be legitimatel...