Clyde & Co | Insurance & Reinsurance UK

In this episode of our Insurance Emerging Risk podcast, host Neil Beresford is joined by Luke O’Kane, Partner at Clyde & Co in Sydney, and external guest Dr John Sorabji, Associate Professor at UCL, to examine the growth of third-party litigation funding and its implications for insurers.The discussion explores how litigation funding has developed into a sophisticated global industry, providing financial support for claims while enabling claimants and businesses to transfer some of the costs and risks associated with litigation. The speakers consider the balance between improving access to justice and addressing concerns around the commercialisation of claims.

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.