2021

In a welcomed development, the Financial Sector Conduct Authority has established a YouTube channel (https://m.youtube.com/channel/UCh3dQcOQAzdptNTKFQvB7HQ/about). The channel is a useful resource and provides valuable insight  as to the FSCA’s stance on certain issues.  Check out their latest videos:

How to establish a FAIS compliance function: https://www.youtube.com/watch?v=QlnMYmwlj1Y

How the FSCA complies to PAIA: https://youtu.be/TdUUOEckfB0

This Californian Appeal Court judgment previously discussed here (Part 1, Part 2 and Part 3)) was also required to consider the insured’s argument that the Civil Authority Coverage Clause applies because the government orders were made in direct response to the continued and increasing presence of the Coronavirus, a dangerous physical condition,

A New York court of Appeals held that a wrongful act liability policy covered funds that the insured disgorged as part of a settlement with the Securities and Exchange Commission.  The settlement payment was not excluded from insurance coverage as a “penalty imposed by law” under the policies.

The policy provided coverage for “loss” that

The Californian Court of Appeal in this judgment and discussed here also considered whether the insured’s business was suspended due to direct physical loss of its property.

The policy required suspension of operations caused by direct physical loss of property.

The insured argued that regardless of the physical presence of the Covid-19 virus, it had