Clyde & Co | Insurance & Reinsurance UK: Recent Episodes
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Clyde & Co is the world's pre-eminent insurance law firm, providing the highest quality advisory and dispute resolution services to insurers and their clients operating in both established and emerging markets.
Senior Associates Lauren Penton and Laura Stemp from our Property & Liability team explore one of the most common causes of action in insurance claims: negligence.
Together, they explore the key elements required to establish a negligence claim, including duty of care, breach, causation and loss. Using a practical scenario, they examine how the legal tests are applied in practice and discuss why negligence is often the alternative route where no contractual claim is available.
This episode explores how international sanctions are reshaping insurance risk, moving beyond a compliance issue to directly affecting underwriting, claims handling, and cross‑border transactions.
In this special episode of Clyde & Co’s Insurance and Reinsurance Podcast, recorded in connection with the Stoke Mandeville Experience Day, we explore the realities of spinal injury rehabilitation and the powerful role sport can play in recovery.
Welcome to the first episode of Season Two of our Clyde’s Claims Essentials podcast series, where we provide practical insights for insurers on common challenges faced by claims handlers in the Property & Liability space. In this episode, Lauren Penton and Kate Dugdale introduce the new season’s focus on the fundamental causes of action, beginning with claims for breach of contract. The speakers provide a practical overview of the key legal steps involved in assessing contractual liability, including contract formation, identifying breaches, limitation considerations, available remedies, and the impact of exclusion and limitation clauses.
This episode explores how next‑generation nuclear technologies, especially small modular reactors, are reshaping energy supply and creating new risks for insurers.
This episode explores the growing risk landscape surrounding social media addiction and its implications for insurers.
While North American legal doctrines may appear highly technical, they share a common theme, efforts that limit insurers’ ability to participate in and steer the defense of claims.
In this episode of our Emerging Risks podcast, host Neil Beresford is joined by Akash Brijpaul, Konrad Krebs, and Kirsten Soto to examine a series of developing legal doctrines in the US and Canada that are significantly impacting insurers’ ability to control and defend claims.
The discussion focuses on three rapidly evolving areas: bankruptcy tactics, consent judgments, and conflicts of interest and how each is being used in ways that can undermine insurers’ rights of defense.
The panel explores why these issues are now surfacing as emerging risks. In the US, the rise of nuclear verdicts is increasing pressure on policyholders to seek settlements that may be collusive or disproportionate.
Bankruptcy courts are also increasingly approving claim resolution plans that restrict insurers’ ability to investigate or defend claims. Meanwhile, in Canada, recent appellate decisions have expanded insureds’ control over defense counsel and restricted insurers’ access to critical defense information, even in cases where the insurer is funding the defense.
Despite these challenges, insurers are not powerless. By understanding the proportionality principles within new case law, leveraging local jurisdictional expertise, and pushing back against overly rigid interpretations of reporting obligations, insurers can still take practical steps to maintain visibility and protect their rights.
Automated vehicles are set to transform motor and product liability risk. With trials expanding globally and regulations evolving, insurers need to understand how this technology will impact claims, liability frameworks, and data access.
In this episode of our Emerging Risk series, our speakers explore the legal, regulatory, and insurance implications of autonomous vehicles, including:
* Real-world insights from U.S. trials of driverless taxis and trucks.
* UK regulatory developments and the critical role of data access for insurers.
* Lessons from recent U.S. litigation, including a $329M verdict against Tesla.
Supply chain disruptions have become one of the most pressing challenges for businesses worldwide, driven by geopolitical tensions, climate change, cyber incidents, and economic volatility. In this episode of our Emerging Risk podcast, our experts unpack:
* Key risk drivers – from global conflicts and tariffs to cyber vulnerabilities and climate-related events.
* Insurance implications – how trade credit, political risk, cyber, and contingent business interruption policies respond.
* Liability exposures – contractual risks when supply chains break down.
* Practical strategies – what insurers and insureds can do to mitigate accumulations and strengthen resilience.
Whether you underwrite complex risks or advise clients on coverage, this discussion offers actionable insights into one of today’s most dynamic risk landscapes.
In our final episode, Senior AssociateRebecca Weatherley and Legal Director Kate Fawell-Comley (who sits as a Coroner) demystify the topic of inquests – why they happen, who is involved, the potential outcomes, and how they link to claims.
Practitioners are seeing an increasing number of claims arising from alleged delays in diagnosing and treating cauda equina syndrome, many of which originate in A&E departments. Adam Hudson, Senior Associate discusses the challenges involved in investigating and defending cauda equina cases and A&E cases generally, and some key take aways on risk management and prevention.
In this episode of Clyde & Co’s Emerging Risk podcast series, our speakers explore the evolving landscape of climate liability and its implications for insurers. The discussion spans recent international court decisions, human rights-based climate litigation, the growing insurability crisis in developed markets, and innovative insurance responses to climate risk.
Featuring insights from Neil Beresford, Wynne Lawrence, Prachi Shah, and Konrad Krebs, the episode explores how legal trends, regulatory shifts, and new insurance products are shaping the future of climate resilience and corporate accountability.
Claims arising from birth injuries are amongst the most complex claims that clinical negligence practitioners deal with. They can be evidentially complex and emotionally challenging for Claimants and witnesses. Our Senior Associate Sarah Wood draws on her extensive experience, in this introduction to the main issues of this challenging area of practice.
Senior Associate Lea Kelsey and Associate Lily Clemence give a helpful overview of the steps involved in a claim for compensation, including initial investigations, obtaining expert and factual witness evidence, and litigation. They discuss how practitioners can use admissions and offers in a timely way to limit costs exposure and create litigation risk for opponents.
In this episode Rob Wilson explains how the courts approach the issue of negligent consent and how this differs from the usual Bolam breach of duty test. He highlights how failure to adequately inform patients of risks, benefits, and alternatives can lead to legal liability.
Helen Heeley and Associate Carly Wells-Burr discuss how clinical negligence practitioners value claims for compensation, with an overview of the key topics of general and special damages. They also consider the approach taken to quantifying claims under the Fatal Accidents Act and claims brought on behalf of estates.
In our first episode Healthcare Partner Rob Wilson and Senior Associate Helen Heeley introduce the series and discuss how the legal tests for negligence – breach of duty and causation – work in clinical negligence claims. This episode also considers the potentially tricky issue of limitation.
In this episode, our experts from Toronto, Phoenix, and London were joined by Dr. Matthew Bonner, Senior Fire Engineer and Research Lead at Trigon Fire Safety, and Rishi Baviskar, Cyber Risk Consultant at Allianz, for a discussion on the systemic risks of artificial intelligence - including privacy, security, and legal challenges that insurers must navigate.
With lithium batteries becoming increasingly central to modern technology, new liability risks are emerging - far beyond the well-known fire hazards. As battery use expands, so too does insurer exposure, from performance issues and chemical toxicity to ESG challenges tied to global supply chains.
The first episode of our 2025 podcast series covers Semaglutides, a diabetes control drug that works by activating glucagon-like peptide-1 (GLP-1) receptors to suppress appetite.
Welcome to another episode of our Clyde’s Claims Essentials podcast series, where we provide practical insights for insurers on common challenges faced by claims handlers in the Property & Liability space. In this episode, Lauren Penton and Kate Dugdale explore the complexities of financial loss and provide practical tips when considering this type of loss.
In the sixth and final podcast episode of our Emerging Risk 2024 series, we delve into the complexities of head office liability, a growing issue in various jurisdictions over the past 10 to 15 years.
In this episode the speakers cover:
* Key steps to take following construction and engineering works claims from both a civil and criminal perspective
* Navigating insurance considerations and understanding liability coverage
* Insights into The Construction (Design and Management) Regulations 2015 and their impact
* Discussion of liability for subcontractors, non-delegable duties and extra hazardous works.
In the fifth podcast episode of our Emerging Risk series, we explore the concept of “judicial hellholes”, analysing litigation challenges in both the US and UK.
In the fourth podcast episode of our third Emerging Risk series, we explore the growing significance of Indigenous Rights as an insurance risk.
Welcome to our Clyde’s Claims Essentials podcast series, focused on sharing practical tips for insurers on frequent issues faced by claims handlers within the Property & Liability space. This episode explores liability for fire - the key legal principles with Lauren Penton and Ruth Fletcher.
In this episode of our Clyde's Claim Essentials series, Lauren Penton and Chander Agnihotri discuss the fundamental principles of disclosure, covering:
* The importance of disclosure
* Disclosure in the Business and Property Court
* Disclosure in accordance with Practice Direction 57AD
* Extended disclosure
* Model of disclosure
In the third podcast episode of our third Emerging Risks series, we discuss the topic of Artificial Sweeteners, asking: are we at the beginning of a new chapter in food safety litigation?
In the second podcast episode of our third Emerging Risks series, we explore the fast-growing topic of Artificial Intelligence (AI) and its impact on the Insurance sector.
In this 15-minute episode, Lauren and Aditi cover the key elements including:
* The concept of privilege and its relevance in legal claim
* How privilege operates in Practice
* Litigation privilege
* Legal advice privilege
* And more!
Welcome to the second instalment of the Growth Report Podcast Series, hosted by Peter Hodgins, Global Head of Corporate Insurance at Clyde & Co. Delving into the key growth factors uncovered in our 2024 Growth Report, this episode focuses on the US and Latin America with guests Marc Voses, Partner in the New York office, and Felipe Hoetz, Partner in Santiago, Chile.
In the first episode of our series 3 Emerging Risks podcast series, we discuss the popular and fast-moving subject of Vaping and its profound implications on the Insurance sector, with perspectives from both the UK and Australia.
Clyde & Co’s new Growth Report Podcast Series, hosted by Peter Hodgins, draws on this year's Insurance Growth Report, which explores the M&A landscape and regulatory issues across the insurance sector. Each episode will focus on key regions and this first instalment looks at the UK and Europe, with insights provided by Andrew Lucas, Partner in the Corporate Insurance Group in London, and Andreas Börner, a corporate and regulatory Partner in the Munich office.
Welcome to our new series Clyde’s Claim Essentials: Practical Tips for Insurers on Frequent Issues! This series aims to cover all the ‘need to knows’ in claims handling, particularly in the property & liability space.
We begin with a look at Subrogation: Key Essentials with Lauren Penton and Aditi Kumar.
In a bite size, 20-minute episode, they explore:
* What subrogated rights actually are and what form they can take
* How subrogated rights arise and how they are enforced
* The duties of the insured
* How the Third Parties (Rights against Insurers) Act 2010 can assist in pursuing subrogated recoveries
* And more!
Lithium batteries are a ubiquitous technology, used in everything from vaping devices to huge plants storing energy from offshore wind farms. The technology is in a state of rapid development, however, there have been many reported cases of product failures and mass recall events.
This podcast, given in conjunction with leading experts from Exponent, looks at the current status of Lithium Batteries technological development; the drivers of risk; and the considerations for underwriters and claims handlers in the fields of property, motor, product liability and product recall.
The third episode of our Construction Defects podcast series focuses on Property Insurers and the current and upcoming challenges they are facing. We discuss the the types of liability that may be faced by property insurers for damage caused by construction defects; the application of relevant exclusions; and approaches to risk management.
Partner Toby Rogers is joined by:
• Angharad Reynolds, Legal Director, Clyde & Co London
• Ellen Barker, Junior Associate, Clyde & Co London
The last episode in our Construction Defects podcast series examines the position of Housing Associations and other landlords of large property portfolios.
Clyde & Co Senior Associate Ben Keatinge is joined by:
• Clyde & Co Partner Christopher Leadbetter
• Zurich UK Regional Major Loss Manager Paul Redington
As well examining the position of Housing Associations, they explore the increasing scrutiny on construction defects in residential properties (including those with features of Modern Methods of Construction (MMC)), the health and safety and regulatory requirements faced by property owners, and how these relate to the types of construction defects often revealed by insured events (such as fires, or water escapes).
The podcast will highlight the methods of investigating such defects and determining a proper remedial scheme.
In the latest episode of our Emerging Risks podcast series, we discuss the challenges in insurance post covid, predominantly around property, business interruption and environmental liability claims.
Partner Rachel Cropper Mawere and Chair at Ventures Desiree Filer explore whistleblowing, further- looking at whistleblowing protections and the legislation in place for whistleblowers.
Partner Rachel Cropper Mawere and Chair at Ventures Desiree Filer talk about the importance of communication, trust, and the right culture within businesses to push CSR.
Partner Rachel Cropper Mawere and Chair at Ventures Desiree Filer discuss the importance of sustainability and the best practices for businesses to approach it.
Partner Rachel and Chair at Ventures Desiree Filer talk about Desiree Filer’s whistleblowing story, the negative connotations whistleblowing has, and how bad whistleblowing governance can affect businesses.
The second episode of our construction defects podcast series focuses on Latent Defects and the current and upcoming challenges insurers are facing. We discuss the types of construction defects which are generating claims; the increase in defects claims and how these are evolving; policy wordings; and the impact of modern methods of construction.
Partner Toby Rogers is joined by:
Ben Keatinge, Senior Associate, Clyde & Co London
* Andy Evans,* Head of Construction, Integr
In the latest episode of our Emerging Risks podcast series, we discuss PFAs (Per- and polyfluoroalkyl substances), a group of chemicals used globally in a wide range of products from food packaging to firefighting foams. In recent years, scientific research has highlighted PFAs as being a harm to human health and connected them to various diseases. PFAs now pose a significant liability risk and increased awareness of their health risks has already led to mass claims activity beginning in the United States. Host, Neil Beresford, is joined by: * Kevin Haas, Partner, Clyde & Co New Jersey * Natasha Lioubimova, Senior Associate, Clyde & Co London * Andrew Morgan, Senior Engineer, Geosyntec Consultants
Our speakers discuss the technical nature and regulations surrounding PFAs chemicals, the claims landscape from an international perspective and the current developments emerging in the US.
In this episode of our Emerging Risks podcast series, we discuss air quality and how air pollution poses a major threat to health across the globe.
Host Neil Beresford is joined by:
* Dan Scott, Senior Associate, Clyde & Co London
* Harry Little, Associate, Clyde & Co London
Together they discuss the injury and environmental liability risks emerging globally from air pollution and how the claims landscape is evolving.
In the first episode of our construction defects podcast series, we discuss the recent and historic problems surrounding building regulations, how these are being reformed and the availability of recovery actions against parties who were involved in the construction.
Partner Toby Rogers is joined by:
• Ben Keatinge, Senior Associate, Clyde & Co London
• Dr David Crowder, Partner, DCCH Experts
This podcast provides an overview of the building regulation regime and would be useful to anyone with a general interest in this topical and contentious area.
In the second episode of the Emerging Risks podcast series, we discuss the interesting topic of Social Inflation, a major emerging risk that the insurance industry will face. Host Neil Beresford is joined by Bill Swallow, Partner, Clyde & Co Chicago, Alistair Kinley, Director of Policy & Government Affairs, Clyde & Co London and Sophia Henrich, Senior Associate, Clyde & Co Munich to discuss Social Inflation in the UK, US and Europe and the impact this will have on insurers.
Host Neil Beresford is joined by Clyde & Co Partner Kerris Dale, Head of our Motor Practice Group, Nanci Schanerman Senior Counsel in our Miami office and Legal Director Chris Cowland of our London office to discuss this topical and fast-moving area and its impact on legal liability in both the UK and the US.