While North American legal doctrines may appear highly technical, they share a common theme, efforts that limit insurers’ ability to participate in and steer the defense of claims.

In this episode of our Emerging Risks podcast, host Neil Beresford is joined by Akash Brijpaul, Konrad Krebs, and Kirsten Soto to examine a series of developing legal doctrines in the US and Canada that are significantly impacting insurers’ ability to control and defend claims.

The discussion focuses on three rapidly evolving areas: bankruptcy tactics, consent judgments, and conflicts of interest and how each is being used in ways that can undermine insurers’ rights of defense.

The panel explores why these issues are now surfacing as emerging risks. In the US, the rise of nuclear verdicts is increasing pressure on policyholders to seek settlements that may be collusive or disproportionate.

Bankruptcy courts are also increasingly approving claim resolution plans that restrict insurers’ ability to investigate or defend claims. Meanwhile, in Canada, recent appellate decisions have expanded insureds’ control over defense counsel and restricted insurers’ access to critical defense information, even in cases where the insurer is funding the defense.

Despite these challenges, insurers are not powerless. By understanding the proportionality principles within new case law, leveraging local jurisdictional expertise, and pushing back against overly rigid interpretations of reporting obligations, insurers can still take practical steps to maintain visibility and protect their rights.

Automated vehicles are set to transform motor and product liability risk. With trials expanding globally and regulations evolving, insurers need to understand how this technology will impact claims, liability frameworks, and data access.

In this episode of our Emerging Risk series, our speakers explore the legal, regulatory, and insurance implications of autonomous vehicles, including:

• Real-world insights from U.S. trials of driverless taxis and trucks.
• UK regulatory developments and the critical role of data access for insurers.
• Lessons from recent U.S. litigation, including a $329M verdict against Tesla.

Supply chain disruptions have become one of the most pressing challenges for businesses worldwide, driven by geopolitical tensions, climate change, cyber incidents, and economic volatility. In this episode of our Emerging Risk podcast, our experts unpack:

• Key risk drivers – from global conflicts and tariffs to cyber vulnerabilities and climate-related events.
• Insurance implications – how trade credit, political risk, cyber, and contingent business interruption policies respond.
• Liability exposures – contractual risks when supply chains break down.
• Practical strategies – what insurers and insureds can do to mitigate accumulations and strengthen resilience.

Whether you underwrite complex risks or advise clients on coverage, this discussion offers actionable insights into one of today’s most dynamic risk landscapes.

In our final episode, Senior Associate Rebecca Weatherley and Legal Director Kate Fawell-Comley (who sits as a Coroner) demystify the topic of inquests – why they happen, who is involved, the potential outcomes, and how they link to claims.

Practitioners are seeing an increasing number of claims arising from alleged delays in diagnosing and treating cauda equina syndrome, many of which originate in A&E departments. Adam Hudson, Senior Associate discusses the challenges involved in investigating and defending cauda equina cases and A&E cases generally, and some key take aways on risk management and prevention.

In this episode of Clyde & Co’s Emerging Risk podcast series, our speakers explore the evolving landscape of climate liability and its implications for insurers. The discussion spans recent international court decisions, human rights-based climate litigation, the growing insurability crisis in developed markets, and innovative insurance responses to climate risk.

Featuring insights from Neil Beresford, Wynne Lawrence, Prachi Shah, and Konrad Krebs, the episode explores how legal trends, regulatory shifts, and new insurance products are shaping the future of climate resilience and corporate accountability.

Claims arising from birth injuries are amongst the most complex claims that clinical negligence practitioners deal with. They can be evidentially complex and emotionally challenging for Claimants and witnesses. Our Senior Associate Sarah Wood draws on her extensive experience, in this introduction to the main issues of this challenging area of practice.

Senior Associate Lea Kelsey and Associate Lily Clemence give a helpful overview of the steps involved in a claim for compensation, including initial investigations, obtaining expert and factual witness evidence, and litigation. They discuss how practitioners can use admissions and offers in a timely way to limit costs exposure and create litigation risk for opponents.

In this episode Rob Wilson explains how the courts approach the issue of negligent consent and how this differs from the usual Bolam breach of duty test. He highlights how failure to adequately inform patients of risks, benefits, and alternatives can lead to legal liability.

Helen Heeley and Associate Carly Wells-Burr discuss how clinical negligence practitioners value claims for compensation, with an overview of the key topics of general and special damages. They also consider the approach taken to quantifying claims under the Fatal Accidents Act and claims brought on behalf of estates.