Insurance + ESG (Ad Hoc) The rise of ESG: Directors' Liability and Directors' & Officers' Liability Cover

Friday, April 26
Location (Room)

As the focus on Environmental, Social and Government (ESG) matter continues to intensify, directors and officers are facing a rising tide of potential liability exposures.
Allegations of mismanagement of climate risks, environmental damage, greenwashing, social washing, imbalanced board structure, reporting requirements and failure to adapt to new environmental regulations are leading to an increase in non litigated and litigated complaints against companies and their directors.

Our experts will discuss how the rise of ESG will impact Directors liability and how the Directors’ and Officers’ liability policy will respond to such liabilities. This will include an examination of key global trends for Directors liability and insurance coverage issues relevant to the Directors’ and Officers’ liability policy.



Kemsley Brennan

Kemsley has over 30 years of experience in acting for multinational insurers and reinsurers. He has been recognised as a leading individual in the Legal 500 Asia Pacific and recommended in Best Lawyers as a pre-eminent Australian insurance lawyer.

Kemsley's practice covers non- contentious insurance and reinsurance front end advisory addressing regulatory compliance, policy interpretation, policy development, port-folio transfers . His practice also extends to the case management of insurance and reinsurance disputes ranging from D & O liability, General liability, Professional indemnity, Commercial Crime, Cyber and Property and business interruption and Kidnap and Ransom. Kemsley also acted for Insurers and Reinsurers on regulatory investigations and prosecutions including Royal Commissions and Class Actions.



Nick Vineall KC



Dominic Vella SC

Dominic Villa SC is a Senior Counsel from the NSW Bar in Sydney, Australia.

Dominic graduated with a Bachelor of Laws and Bachelor of Arts (Honours – Political Science) from the University of NSW, and has a Master of Health Law from the University of Sydney. Upon graduating he worked as a solicitor for 6 years, including 3 years in the Insurance Litigation Practice Group at international law firm, Minter Ellison. He commenced practice as a barrister in 2002, and took Silk in 2018.

Dominic has a diverse practice, specialising in general liability insurance (coverage and claims), professional indemnity (in particular the legal and medical professions), D&O insurance (coverage and claims) and intentional torts (historic abuse claims, misfeasance in public office, malicious prosecution, and conspiracy).

Dominic is the author of the Annotated Civil Liability Act 2002 (NSW the authoritative text on the civil liability reforms introduced in response to the Australian insurance crisis following the collapse of the HIH Insurance Group in 2001.



Fernando Hurtado de Mendoza

Fernando Hurtado de Mendoza is a partner at the global UK origin firm Kennedys Law, and heads the Lima office Corporate & Commercial practice.

Lawyer by Universidad Católica del Perú, with a LLM in U.S. & Asia Business and Trade Law from New York University and a LLM in Corporate & Financial Services from the National University of Singapore. Arbitrator for the Lima Chamber of Commerce in commercial, insurance and transport matters. Consistently recognized as a leading practitioner by international publications such as Chambers & Partners, Who’s Who Legal and Legal 500.

Fernando specializes in corporate & commercial, aviation and insurance law. His corporate practice focuses on advising local and foreign clients in relation to their commercial needs across the board, including advice to Asian, European and North American investors for their potential entry into Peru. He is the Chair of the ESG Ad Hoc Committee of IPBA, him being the lead partner of ESG matters for Latin America at Kennedys Law and member of the global ESG product group of the firm.

Fernando has also chaired the Aviation and Aerospace Committee of IPBA, as per his significant experience in aircraft finance, regulatory matters and claims handling of aviation losses.

Currently, he is the vice-president of the Peruvian Association of Insurance Law and a member of the steering committee of the Reinsurance Working Group of the Ibero Latin American Committee of the International Association of Insurance Law, as a result of his broad experience on insurance advisory and claims handling related to a set of insurance lines.



Seiji Yamakoshi

Seiji Yamakoshi has had underwriting and broking, insurance risk management experiences since 1993. He particularly specializes in D&O Insurance, Professional Indemnity Insurance, Employment Practice Liability Insurance etc. He received the Japanese Society of Insurance Science Award in 2020. He was awarded a Ph.D. in Law for his thesis on D&O Insurance from Kobe University.”