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Tag Archives: insolvency

Posted in Regulatory and legislative updates, Spain

Reinsurance, set-off rights and insolvency under Spanish law

A usual query that arises in Spain in almost any single reinsurance transaction or contract where some money is advanced or handed over between the parties is whether it is possible to set-off mutual debts within an insolvency proceedings. Set-off is an equitable right that allows the parties to a contract to cancel or offset

Posted in Regulatory and legislative updates, UK

UK: Can the Third Parties (Rights against Insurers) Act 2010 come into force yet?

With the Insurance Act 2015 receiving Royal Assent on 12 February 2015, we take a look at the consequential amendments to the Third Parties (Rights Against Insurers) Act 2010 (the “2010 Act”). These amendments were aimed at rectifying the failure to include certain insolvency circumstances in the original 2010 Act (which due to these defects

Posted in Asia, European Union, France, Germany, Italy, Poland, Regulatory and legislative updates, Russia, Spain, UK, USA

Third Party (Rights Against Insurers) Act 2010 – why the delay?

The Third Party (Rights against Insurers) Act 2010 was given Royal Assent in March 2010 but has yet to come into force 4 years later. What is the delay? Given the anticipation with which claimants are awaiting the provisions to come into force, we have provided a recap below on how this Act will differ