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Founded in 2012, Signature Litigation has grown into one of London’s pre-eminent specialist dispute resolution practices. From the outset, we set out to do things differently: a conflict-free, disputes-only platform designed to give clients the undivided focus and strategic agility that complex, high-stakes matters demand.
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Signature Litigation AARPI houses one of France’s most enviable product liability practices, with the team also handling commercial and corporate litigation, insurance and reinsurance, toxic tort and ESG, civil fraud and asset tracing, international arbitration, administrative and public law.
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Frankfurt has emerged as one of Europe's foremost financial and commercial centres and, increasingly, as a bridge between European and Asian markets. With that growth comes an increasing demand for sophisticated dispute resolution. Signature Litigation established its Frankfurt office to meet this need, bringing our conflict-free, disputes-only platform to the German market.
FIND OUT MOREPartner Emmanuèle Lutfalla discusses the likelihood of approved associations acting against intermediaries for breach of duty to inform their clients. Emmanuèle also considers whether their insurer will be able to oppose globalisation, and highlights a recent ruling in July 2023 confirming two other rulings handed down in 2020 in which the Court of Cassation refused to allow the insurer to stake the global liability for the first time.
Emmanuèle's article was published in L'Argus de l'assurance, 1 November 2023, and can be found here .
The mechanism for the globalization of claims invented by and for insurers was indirectly established under article L. 124-1.1 of the insurance code (introduced in law no. 2003.706 of August 1, 2003). This states that “ a set of harmful events having the same technical cause is assimilated to a single harmful event ”. The damaging event is, for its part, defined as that which constitutes the cause generating the damage. Thus, in the presence of serial claims, the insurer is authorized to assimilate a plurality of identical damaging events originating from the same cause to a single damaging event.
In fact, this tool of predictability for the insurer, which allows it to assimilate a plurality of damaging events originating from the same cause to a single damaging event, obviously finds its place in the current world of large-scale production. Until recently, the difficulty often consisted in being able to identify a single event that caused the harmful event to occur. In fact, it is a matter of being able to identify the material or intellectual factor that is the source of the defect or failure that gives rise to the event giving rise to liability and therefore the damage.
