Law - Insurance Law

Programme structure and approach to learning
Ireland has become a major location for international insurance, with some of the world’s leading insurance companies operating here. Particular strengths of the industry lie in the captive insurance and reinsurance areas.

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 legislation on compliance in the industry will also be analysed – regulation (the Solvency II Directive) and data protection. Finally, the applied insurance module will give an overview of new insurances, construction, cyber insurance, and other growth areas.

Modules
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.

Module 2: Insurance claims
Personal insurance,
Commercial insurance,
Causation – proximate, sequential, concurrent,
Notice, mitigation, limitation,
Proof and measurement of loss.

Module 3: Liability in insurance
PIAB,
Personal Injuries Guidelines,
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,
Motor insurance – MIBI,
Complaints – Financial Services Ombudsman, Central Bank.

Module 4: Litigation insurance
Public liability,
Product liability,
Professional indemnity,
Employer liability,
Warranty and indemnity insurance.

Module 5: Regulation of insurance industry
Insurance supervision – Central Bank,
Insurance (Miscellaneous Provisions) Act 2022,
Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022,
The Central Bank (Individual Accountability Framework) Bill 2022,
Regulation of intermediaries,
Solvency II,
Consumer Protection Code,
Enforcement.

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.

Module 7: Reinsurance and Outsourcing
Reinsurance industry,
Types of reinsurance contracts,
Losses and claims,
Proportional and non-proportional treaty,
Outsourcing in insurance,
Solvency II and intra/third party outsourcing arrangements.

Module 8: Intermediaries and Assignments
Intermediaries,
Broker rights and duties
Assignments.

Module 9: Key Issues
Conflict of law – jurisdictional issues,
The Insurance Compensation Fund
Establishment/liquidation issues.

Module 10: Applied insurance
Construction insurance, including single project,
Marine insurance,
Aviation insurance,
Cyber insurance,
Legal expenses insurance.

Workshops
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 1: Tuesday 5 March
Workshop 2: Tuesday 23 April
Workshop 3: Tuesday 28 May

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.

If you are not a qualified solicitor, a barrister, or a trainee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €335 in respect of a diploma application.

The closing date for applications for this course is Tuesday 23 January 2024.

Delivery Method
Lectures on Tuesdays from 6pm. Additionally, three online workshops will take place between March and the end of May.

Start Date Tuesday 6 February 2024 at 6:00 PM