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Solicitors and Trainees
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Further information on this course including course structure, module scheme, faculty and workshop dates are set out below. Clicking on the links will bring you directly to that section or simply scroll through to read all the content.
Programme structure and approach to learning
Ireland has become a major location for international insurance, with more than half of the top ten largest global insurance companies operating here. Particular strengths of the industry lie in the captive insurance and reinsurance areas. As well as huge growth in the industry, there has also been significant change, particularly in the regulatory environment, with the introduction of the Solvency II Directive in 2016.
This diploma will provide participants with an overview of the (re)insurance industry in Ireland and provide comprehensive coverage of all key issues relating to (re)insurance law and the litigation of insurance claims. The course will examine insurance concepts and underline the importance of understanding key insurance documentation. It will ensure that participants are aware of the important legal issues relating to both personal and commercial insurances and the legal issues pertaining to claims. Leading experts will consider the main legal liability insurance areas such as public liability, occupier liability, professional indemnity, and employer liability insurance. There will be a detailed examination of the Court process, case management, and alternative dispute resolution. We will offer an insight into key issues such as the reinsurance industry, insurance fraud, the MIBI, legal issues relating to intermediaries, assignments, and liquidations. The effects of new legislation on compliance in the industry will also be analysed – regulation (the Solvency II Directive) and data protection (the new General Data Protection Regulation). Finally, the applied insurance module will give an overview of aviation, marine, construction, cyber insurance, and other growth areas.
On completion of this training programme, participants will have:
- An understanding of the important legal issues relating to both personal and commercial insurances;
- A knowledge of insurance policy drafting and interpretation;
- An in-depth knowledge of personal injury and litigation claims, the court process, key issues in defending/litigating claims, and the lifecycle of a claim;
- An insight into the insurance regulatory environment;
- An ability to recognise when data protection issues arise in an insurance context;
- A greater understanding of liability insurance and other insurances such as construction, marine, and aviation insurance;
- An insight into insurance fraud;
- Up-to-date knowledge of new emerging insurances such as cyber-risk insurance.
The programme is based on the following module scheme and covers key themes as listed below:
Module 1: Introduction to insurance
- Overview of Irish insurance market
- Principles of insurance
- The contract of insurance
- Key insurance documentation
- Insurance policy terms and conditions
- Insurance policy drafting and interpretation
- Ethics in insurance
- Code of conduct
Module 2: Insurance claims
- Personal insurance
- Commercial insurance
- Causation – proximate, sequential, concurrent
- Notice, mitigation, limitation
- Proof and measurement of loss
- Double insurance, contribution
Module 3: Liability insurance
- Public liability,
- Occupier liability,
- Product liability,
- Professional indemnity,
- Employer liability,
- Director and Officers liability,
- Warranty & indemnity insurance.
Module 4: Litigation in insurance
- Court process,
- Appeals process,
- Which parties to claim against,
- Key issues for litigating/defending claims,
- Awards and costs,
- Alternative dispute resolution,
- Overview of recent insurance cases,
- Complaints – Financial Services Ombudsman, Central Bank.
Module 5: Regulation of insurance industry
- Insurance supervision – Central Bank,
- Regulation of intermediaries,
- Solvency II,
- Consumer Protection Code,
Module 6: Data protection
- Legitimate processing of data,
- Retention of data,
- Personal data and sensitive personal data,
- Data access requests,
- Transferring data outside EU/EEA,
- Use of private investigators,
- The new General Data Protection Regulation.
Module 7: Reinsurance
- Reinsurance industry,
- Types of reinsurance contracts,
- Express/implied terms,
- Losses and claims,
- Proportional and non-proportional treaty.
Module 8: Key issues
- Insurance fraud,
- Conflict of law – jurisdictional issues,
- Establishment/liquidation issues.
Module 9: Applied insurance
- Motor insurance – MIBI,
- Construction insurance, including single project,
- Marine insurance,
- Aviation insurance,
- Cyber insurance,
- Legal expenses insurance,
- After the event insurance,
- Political risk insurance.
Workshops are interactive sessions that focus on group problem-solving and are designed to revise all modules covered to date and to consolidate the participant’s knowledge. Workshop dates will be provided in due course.
|1||Workshop 1 ||Wednesday |
25 March 2020
|18:00 - 20:00||Interactive group work based on content covered in modules 1-3.|
|2||Workshop 2||Wednesday |
06 May 2020
|18:00 - 20:00||Interactive group work based on content covered in modules 4-7.|
|3||Workshop 3||Wednesday |
03 June 2020
|18:00 - 20:00||Exam Preparation.|
Three-hour closed book written exam Saturday 04 July 2020.
Who should attend?
This course is suitable for:
- Solicitors, barristers, and trainees working in or aspiring to work in litigation or more specifically insurance litigation;
- Solicitors, barristers, and trainees advising on regulatory insurance issues;
- Insurance professionals seeking to enhance their knowledge of the law relating to insurance, with a view to advancing in the industry such as; Practitioners in insurance and reinsurance entities; Insurance claims handlers and claims assessors; and Insurance brokers, agents and loss adjustors.
Lecturers and tutors will be drawn from the leading law firms specialising in insurance law, insurance and reinsurance companies, insurance brokers, captive insurance and intermediaries from Ireland and the UK, and from the Central Bank of Ireland. Previous lecturers have included the following:
- Andrew McGahey, Partner, Kennedys,
- David Nolan S.C.,
- April McClements, Partner, Matheson,
- Sarah Conroy, Partner, Beale & Co.,
- Daniel Scanlon, Partner, DWF,
- Noreen Howard, Partner, DAC Beachcroft,
- Fergal Crehan, Data Protection Officer, Three,
- Brian O’Mara, O’Leary Insurance Group,
- Colm O’Connor, Director of Legal Affairs, SCOR,
- Mark Doyle, Broking Director, Corporate Risks, Willis Towers Watson.
CPD hours will be awarded for solicitors who take part in the course as part of their requirements in accordance with the Law Society CPD Scheme 2020. The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions. For further information and the booklet, see CPD scheme.
The Insurance Institute has also awarded the course 8 CPD formal hours. The course can also be used by ACII/FCII holders, as part of their Chartered Insurance Institute (CII) CPD scheme requirements, should they consider the content relevant to their development.
Cian Monahan, Solicitor, Course Leader: C.Monahan@LawSociety.ie .
*Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.
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