Managing communications and avoiding coverage risks
During periods of operational disruption, businesses may be required to communicate with regulators, counterparties, insurers and other stakeholders.
However, statements made during this process can sometimes affect insurance coverage.
For example, certain insurance policies restrict policyholders from admitting liability or agreeing settlements without insurer consent. In other cases, communications with regulators or counterparties may later be relied upon by insurers when assessing coverage.
Businesses may therefore wish to consider:
- whether policy terms restrict admissions of liability or settlement discussions
- whether communications with regulators or counterparties should be reviewed by legal advisers
- whether internal teams understand how insurance considerations affect external communications
Careful management of communications can help avoid unintended consequences that may affect coverage.
CVML advises clients on insurance-related communications strategies and helps organisations manage legal and regulatory exposure during periods of operational disruption.
If you or your organisation would like to discuss any aspect of this guidance note further, please reach out to your usual CVML contact, or email:
Hisham E. Oweiss, Partner, CVML (h.oweiss@cvml.ae)
Firas Zegallai, Associate, CVML (f.zegallai@cvml.ae)