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This year marks 30 years since the inception of C5 Group.
It is time to match our brand with the dynamic strides we have made.
See inside for details…
C5Business Information in a Global Context
Benchmark and Network
with the Industry Leaders,
including:
Why should you be part of the
Practical Implementation of the
Insurance Act Conference?
Gain INVALUABLE guidance to ensure you:
UPDATE your policy wordings in line with the Act
UNDERSTAND what the new duty of Fair
Presentation requires from you
LEARN the best practices for meeting the new
disclosure requirements
CONDUCT reasonable searches in the correct
manner and get it right the first time around
DISCOVER what the reform means for the
Reinsurance industry
HEAR from policyholders and brokers on how they
are preparing and the challenges being faced
KNOW what the implications of the Act are on
underwriters and what they should expect from
their policyholders and brokers
WITNESS a Mock Trial involving a hypothetical
case study
LEARN how to adequately update your
processes and procedures
UNDERSTAND the actions available to an insurer
in the event of a fraudulent claim
PREPARE for the changing nature of warranties
and the proportionate remedies
GAIN insight into the implications of the new
Enterprise Bill
4 New Square
Addleshaw
Goddard LLP
AIG
Airmic
Allianz
AON
BLM
Burges Salmon LLP
Clyde & Co
Devereux Chambers
DWF LLP
ERGO Versicherung
AG
Herbert Smith
Freehills LLP
Hogan Lovells
International LLP
Ince & Co
International
Underwriting
Association
Lloyd’s Market
Association
Lloyd’s Register
Mactavish
Marsh
XL Catlin
Session Sponsors: Media Partners:
PRACTICAL IMPLEMENTATION
OF THE INSURANCE ACT
Providing practical guidance on the BIGGEST
reform to Insurance law in over a century.
24th
and 25th
May 2016 | St. James’ Court, A Taj Hotel | London, UK
Pre-Conference Workshop
on Drafting Policy Wording
Exclusive Mock Trial
Conducted by 4 New Square
Roundtable Discussion
Groups on Updating
Processes and Procedures
in Preparation for the Act
1
2
3
2. Join the Conversation @C5Live #C5Insurance Professional Lines Insurance Experts
C5Business Information in a Global Context
This year marks 30 years since the inception of C5 Group.
It is time for a brand, logo and language in keeping with the
dynamic strides we have made as a company. It is time for a
brand that will take us forward for the next 30 years.
C5 Group, comprising C5 in Europe, American Conference
Institute and The Canadian Institute, will unite under one
central brand image, appropriately a globe. See how bringing
together the power of people and the power of information can
accelerate your growth and success.
Our new brand look and language will be fully revealed soon.
Stay tuned for more exciting changes.
30 years
expanding
across
the globe
30 years
building a
network of
industry leaders
30 years
hosting more
than 6,000
conferences
This brand new conference, specifically created to meet the requirements of the insurance industry in this time
of change, joins our existing series of outstanding insurance conferences.The following quotes are just a small
sample of feedback received from delegates at past events:
The Practical Implementation of the Insurance Act
conference is the only two day comprehensive event
designed to provide the insurance industry with the
essential tools they need to prepare their businesses for
the significant changes set to shake up the industry. With
the biggest reform in over a hundred years significantly
changing the landscape of insurance contract law, crucial
practical guidance is still lacking.
Despite the Act having been given Royal Assent on
12 February 2015, the August 2016 implementation
deadline means that the insurance market and anyone
buying insurance under English Law will suddenly find
themselves requiring the practical guidance and tools to
thoroughly prepare for shifting duties and obligations.
C5’s conference will bring together a cross section of
the insurance industry under one roof to discuss and
work collaboratively to find the best solutions to prepare
for the Act. Understand the latest developments and the
practical changes that are already being incorporated by
the leading experts.
The conference comes at a critical time of change in
the insurance industry. Bringing together a senior level
audience of leading insurers, reinsurers, brokers, risk
managers and the most highly regarded lawyers in
this area, you will benefit from extensive learning and
business development opportunities.
You CAN’T MISS the Practical
Implementation of the Insurance Act 2015
conference if you are an…
• Underwriter
• Claims Manager
• Broker
• Reinsurer
• Insurance Buyer, Risk Management and Compliance Officer
• In house Lawyer
• Insurance/Reinsurance lawyer in private practice
“C5 runs first class seminars with cutting edge topics
and expert speakers. I wish more people would take
advantage of this valuable learning opportunity and
attend”
Arthur J. Gallagher & Co
“A very informative and interactive conference with
experts from the insurance market”
Natixis
“Conference provides excellent overview of emerging
risks”
BAE Systems
“The conference has enabled me to collect tips to
think about in my insurance programmes”
Groupe ELIOR
“Really good speakers and stimulating content”
ArgoGlobal
“A well rounded debate of the risks and opportunities”
Lloyd’s of London
“Good technical content”
Willis: Global Insurance Broker
“Great networking opportunities”
Entropics Asset Management
3. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/InsuranceAct
a C5 Group Company
Business Information in a Global Context
08:00
Registration and Refreshments
08:45
Opening Remarks by the Chair
David Hertzell
Former Law Commissioner, Consultant
Mactavish and BLM
09:00
Understanding the New Duty of Fair
Presentation and How it will Change the
Balance of Power
David Hertzell
Former Law Commissioner, Consultant
Mactavish and BLM
John Hurrell
Chief Executive
Airmic
• Defining the new obligation for fair presentation of risk
• Making comparisons with the previous position
• Will the Act now provide greater clarity for the insured?
• Has the burden truly shifted?
• Removing the uncertainty of the actions required in practice
to achieve the duty of fair presentation
• Understanding the two-limbed test
• Building a common understanding of the new legal wording
• Analysing best practice for putting a prudent insurer on notice
• Presentation of risk to insurers
09:45 | Panel Discussion
Understanding the New Disclosure
Requirements
John Hurrell
Chief Executive
Airmic
Leslie Kurshan
Senior Vice President
Marsh
Nigel Brook
Partner
Clyde & Co
• Comparison of the current disclosure requirements
with the new requirements
• Understanding where the new primary obligation
of disclosure lies
• Extent of the enquiries that need to be made for the
disclosure obligations to be fulfilled
• The changing heightened duties of pre contractual disclosure
• Fulfilling the disclosure obligations in line with the Act
• What counts as knowledge under the Act?
• Defining the expected level of detail for the insured to go in to
- Potential for the development of market standards
- What constitutes material disclosure?
• Understanding the timeline for disclosure
• Implications of non-disclosure of information
• Defining non-disclosure
CONFERENCE DAY ONE
TUESDAY 24 MAY 2016
PRE CONFERENCE WORKSHOP
MONDAY 23 MAY 2016
13:30–16:30
Drafting Insurance Policy Wordings in Light of the New Act
Mark Pring
Partner and Head of Insurance
Addleshaw Goddard LLP
This expert led workshop will look at drafting policy and insurance wording in an engaging and intimate session.
Practically focused and interactive, the workshop will guide you step by step through the changes to make you aware of all
the need-to-know practical issues.Topics to be covered in this workshop will include:
• Reviewing and updating, where appropriate, existing policy wordings and related documents
• Issues to consider when drafting new policy wordings, including their relationship with other documents
(e.g. contractual indemnities)
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10:45
Morning Refreshments
11:15
Conducting Reasonable Searches – How To
Get It Right First Time
Kari McCormick
Partner
Burges Salmon LLP
• What does a reasonable search entail? What are the limits?
• How to plan and perform your information searches
• How to deal with the grey areas
• Presenting the search results to insurers:
- Providing clarity in the information disclosed
- Avoiding data dumping
• Ensuring effective communication internally and externally
12:00
Networking Lunch
13:15
Making the Applicable Changes
to Proposal Forms
• Revising proposal forms in preparation for the Act
• How will proposal forms now work under the Act?
• Producing practical proposal forms to assist both underwriters
and policyholders
• Updating the language of proposal forms
• Recommended steps to be taken at the writing stage of
proposal forms
- Ensuring underwriters have requested all the relevant
information when reviewing proposal forms
• How underwriters and brokers can work together to ensure
proposal forms are user friendly and clear
13:45 | Panel Discussion
Adjusting Policy Wording in Light
of the New Act
Moderator:Andrew Schütte,Partner, Hill Dickinson LLP
Kees van der Klugt
Director, Legal and Compliance
Lloyd’s Market Association
Alexander Oddy
Partner, Herbert Smith Freehills
Arabella Ramage
General Counsel, XL Catlin
Chris Jones
Director of Market Services
International Underwriting Association
• Understanding why wordings may require amendment in light
of the Act
• Analysing the effect the Act will have on current aspects of
policy wordings
• Considering amendments to address specific aspects of the
Act, including:
- The scope of the duty of fair presentation
- Remedies for breach of the duty of fair presentation
- Changes to warranties
- “Risk mitigation” terms
- Contracting out
• Reviewing policy wordings to ensure they are fit for purpose
• Review of underwriting guidelines
14:45
Assessing the Implications of the Act
on Reinsurance
Nick Atkins
Partner
Hogan Lovells International LLP
• Refocusing on the implications of the Act on reinsurance
• Is the reinsurance industry prepared for the changes?
- What are the uncertainties in this area?
BENCHMARKING AND NETWORKING OPPORTUNITIES WITH THE INDUSTRY LEADERS INCLUDING:
Airmic
AIG
Allianz
AON
BLM
ERGO Versicherung AG
International Underwriting
Association
Lloyd’s Market Association
Lloyd’s Register
Marsh
XL Catlin
5. Register Now | +44 (0) 20 7878 6888 | C5-Online.com/InsuranceAct
a C5 Group Company
Business Information in a Global Context
• Will there be a heightened need to contract out?
• Understanding the uncertainties faced by ceding companies
• Reviewing the commonly found clauses in reinsurance
policies
• Mindfulness of reinsurance agreements when agreeing
contracts
- Evaluating the chain of duties
• Ensuring fair presentation of risk made by ceding companies
- Buying facultative reinsurance
- Buying treaty reinsurance
• Fulfilling the disclosure requirements when buying
facultative and treaty reinsurance
- Assessing what will constitute a reasonable search
and the level of monitoring to be undertaken
- Understanding how the search is performed and by whom
- Compilation of written records to record searches
• Understanding the framework for effective questioning
by the reinsurer
• Responsibility of a reinsurer to find the right solution
for the reinsured
15:30
Afternoon Refreshments
15:45
Are Policyholders and their Brokers
Sufficiently Prepared for the Changes?
Sarah Copley
Senior Legal Advisor, Aon UK
Clive Clarke
Group Insurance Manager, Lloyd’s Register,
and Deputy Chairman, Airmic
• Are brokers and the insured sufficiently prepared
for the changes?
• What can insurers do to assist the insured with adjusting
to the changes?
- Outlining the expectations of buyers on their insurers
• Deciphering the new disclosure duties and the information
that is required to be disclosed
- Is there a need for further clarity on the disclosure
requirements?
- Consequences of the failure of brokers and buyers
to disclose information
• Assessing the methods available to assist buyers with
implementing the changes
• Considering the potential risks if brokers and the insured
are not prepared for the changes
16:30
Implications of the Act on Underwriters and
how they can Work More Effectively with
their Policyholders and Brokers
Robin Lince
Associate General Counsel
AIG Property Casualty
• Implications of the changes in the Act to underwriters and
insureds/brokers
• Are underwriters and insureds/brokers sufficiently prepared
for the changes?
- Potential risks for underwriters and insureds/brokers if they
are not prepared
• Steps each party expects to take now that the Act has
“leveled the playing field”
• Despite the idea of recalibration, will insureds/brokers “play
the game” in a soft market?
• Fair presentation of the risk – impact on the disclosure
process (submissions, questions etc)
• Evidential importance of showing the actions an underwriter
would have taken had there been a “fair presentation of the
risk” – what are the sources of evidence?
• Determining where the burden of proof lies in case of
misrepresentation of information
• Enterprise Bill and good claims handling principles
• Practical impact of warranties and risk mitigation terms
17:15
Chair’s Closing Remarks, End of Day 1
Conference On Demand
Can’t take time out of the office? View the conference from
the convenience of your home or office. Save money on
travel and view the conference according to your own
schedule. This Conference recording allows you to view
all the authorised sessions and handouts.
The recorded archives of the presentations will be available
for you to view after the conference, so you can re-watch
sessions, or view any sessions you may have missed.
6. Join the Conversation @C5Live #C5Insurance Professional Lines Insurance Experts
CONFERENCE DAY TWO
WEDNESDAY 25MAY 2016
8:30
Refreshments
9:00
Opening Remarks by the Chair
9:15
Mock Trial – How can we Expect the
Insurance Act to Play Out at Trial?
Presiding Judge
The Hon Mrs Justice Carr DBE
Jonathan Hough QC
Barrister, 4 New Square
Neil Hext QC
Barrister, 4 New Square
Shail Patel
Barrister, 4 New Square
Clare Dixon
Barrister, 4 New Square
With the Insurance Act set to reform the Insurance Industry,
a lot of questions are being raised regarding the issues likely
to arise and how the Act will be interpreted by the courts.
This session will involve leading Counsel arguing a mock
case, involving a dispute over insurance coverage under
the Insurance Act. The Mock Trial will raise some of the
most pertinent issues that are likely to be faced once the
Insurance Act has come in to force. It will examine:
• The duty of fair presentation – what information must be given
by the insured
• Deliberate and reckless breach of the duty
• Proportionate remedies – when they apply and their effect
• Breach of condition and the new test of relevance to the
actual loss
11:15
Morning Refreshments
11:40
Will the New Proportionate Remedies
Provide a Balanced Solution for the Problem
of Innocent Non-Disclosure?
Simon Cooper
Partner
Ince & Co
• The new proportionate remedies and how they will work
in practice
• Impact of the new proportionate remedies on insurers,
brokers and buyers
• How will insurers establish which proportionate
remedy applies?
• The impact of proportionate remedies on claims handling
and loss settlement:
- Will insurers be more likely to push ahead with disputes?
- Will the proportionate remedies provide an opportunity to
settle disputes?
12:10
Preparing for the Changing Nature
of Warranties
Neil Clutterbuck
Director Underwriting and Technical
Allianz Insurance Plc
Michael Mendelowitz
Head of Legal and Compliance
ERGO Versicherung AG-UK Branch
• Overview of changes made by the Act
• Creation of warranties and limiting scope for disputes
- Unchanged definition of warranty – implications
- Policy review and drafting exercises
- Clarifying consequences of non-compliance
• Abolition of “basis of contract” clauses for commercial
policyholders
- Updating pre-contractual documents and insurance
contracts
• Consequences of breach
- What is a “suspensive condition” and how does it operate?
- Which breaches of warranty can be remedied?
• Section 11 – Terms not relevant to actual loss
- What is the effect of section 11?
- Drafting history
- Possible areas for dispute over losses or claims
• Practical considerations for insurers
12:45
Networking Lunch
14:00
Actions Available to an Insurer in the Event
of a Fraudulent Claim
• Steps insurers can take to recover sums paid
• Result of the insurer treating the contract as though
it has been terminated
- Retaining premiums
- Refusal of liability to the insured
• Examining the practical steps that can be taken by
claims handlers
- Ensuring consistency in the approach adopted by
claims handlers
8. Join the Conversation @C5Live #C5Insurance Professional Lines Insurance Experts
PRACTICAL IMPLEMENTATION
OF THE INSURANCE ACT
Attention Mailroom
If undeliverable to addressee, please forward to: Underwriters, Claims
Managers, Brokers, Reinsurers, Insurance Buyers, Risk Management
and Compliance Officers, Insurance/Reinsurance lawyers
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Payment must be received in full by the conference date
to ensure admittance. All discounts will be applied to the
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with any other offer, and must be paid in full at time of order.
Group discounts available to 2 or more individuals employed
by the same organisation, when registering at the same time.
Delegate Substitutions and
Cancellations
You must notify us by email at least 48 hrs in advance of
the conference if you wish to send a substitute participant.
If you are unable to find a substitute, please notify us in
writing no later than 10 days prior to the conference date. All
cancellations received will be subject to a cancellation fee of
£250.Delegates opting to receive a credit voucher will receive
a credit for the full amount paid,redeemable against any other
C5 conference in the next 12 months.
No credits or refunds will be given for cancellations received
within 10 days of the conference start date. Delegates may
not “share” a pass between multiple attendees without prior
authorisation. No liability is assumed by C5 for changes in
program date, content, speakers or venue. C5 reserves the
right to cancel any conference it deems necessary and will,
in such event, make a full refund of any registration fee, but
will not be responsible for airfare, hotel or other costs incurred
by registrants.
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Fee Includes
The program, all program materials, refreshment breaks
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Venue Information at a Glance
Date: 24th
and 25th
May 2016
Time: 8:00 – 17:15 and 8:45 – 17:15
Venue: St. James’ Court, A Taj Hotel
Address: 54 Buckingham Gate, London, SW1E 6AF, UK
Telephone: +44 (0)207 834 6655
Book your Accommodation
To book your accommodation please call Venue Search on
tel: +44 (0) 20 8541 5656 or e-mail beds@venuesearch.co.uk.
This year marks 30 years since the inception of C5 Group.
It is time to match our brand with the dynamic strides we have made.
See inside for details…
C5Business Information in a Global Context
24th
and 25th
May 2016 | St. James’ Court, A Taj Hotel | London, UK
