Keoghs Insight

We keep you up-to-date on emerging market issues and their impact on the insurance sector,
through a variety of publications, events and our leading market initiatives.

Blogs 28/05/2020

Recording Medical Examinations

We recently published an impact assessment following the decision by MedCo to temporarily lift the ban on remote video examinations. The recording of such video examinations is optional but we suggested that compensators should put the claimant on notice that they expect the examination to be recorded and they may seek sight of that recording. Here we look at the reasons for this and the admissibility of such recordings.

Client Alerts 21/05/2020

Mesothelioma and Low Level Exposure – The Lost Cause Revived

Since 2002 claimants have proved causation in mesothelioma by using the Fairchild formula of a material contribution to the risk of disease. This is usually a simple task. Most claimants have been exposed to significant levels of respirable asbestos fibre. As we get further away from the years of heavy asbestos exposure we will get more marginal cases. We then have to look at the Fairchild test with more care. What, exactly, is material?

Blogs 20/05/2020

Morrow v Shrewsbury RFU: Tactical Costs Issues to Consider

Quirky factual circumstances and legal authorities are nothing new. The case of Morrow v Shrewsbury RFU concerned an unlucky claimant hit on the head by a falling rugby upright; however the point of interest was that the claimant’s entitlement to costs (subject to detailed assessment) was reduced by 15% based on conduct grounds. Does this case signal a change in judicial approach or is it no more than a restatement of existing law? We think the latter but it serves to highlight some important tactical issues for insurers.