An eye on the strategic agenda.
The industry is slowly but surely coming round to the idea of strategic litigation and it is important it reacts with a co-ordinated response.
Strategic litigation, like Cave v Robinson Jarvis & Rolf (April2002), could help manage the insurance industry's collective risk.
Legal advisers are often required to advise on terms for a commercial
settlement - settling a claim with a one-off payment that ignores the
strict legal position, stops escalating litigation costs and eliminates
the uncertainty of trial. It makes sense, unless settling case after case
on a commercial basis makes the matter uncommercial overall.
Every insurer wants a
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