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PAST MEETINGS OF THE WORKING PARTY
Fourteenth Meeting: Vienna - 3 November 2016
The fourteenth meeting took place on Thursday 3 November 2016 at Le Meridien Vienna, Opernring 13, Vienna 1010, Austria between the hours of 10:00hrs and 12:00hrs during the two-day VIth AIDA Europe Conference (3-4 November 2016) which took the theme of “Flood of Change: Insurance in Times of Change - Technology, Climate, Regulation”.
Attached is the Agenda of that meeting concerned with, “Current legal, insurance and environmental challenges in adapting to Climate Change” and which was chaired by Tim Hardy (UK).
The following presentations were delivered at the meeting and may be accessed here:
Update on the aftermath of VW Dieselgate:
European Union Law Developments on Control of Polluting Emissions in the Aftermath of Dieselgate - Prof Marco Frigessi di Rattalma, University of Brescia (Italy)
Dieselgate and D&O Implications - Dr Adolfo Paolini, University of Buckingham/DAC Beachcrofts LLP (UK)
Climate Change, Insurance & the Law: How and where can insurance and the law most effectively assist or secure “Climate Justice”? - Michael Parker, Parker Cowan Lawyers, Queenstown (NZ)
An Update on the Aftermath of the Fundao Dam Disaster and Legal Perspective upon Environmental Insurance in Brazil - Pery Saraiva Neto (Brazil)
The Report of the role of technology in the regulation of Climate Change mitigation and adaptation prepared for the meeting by the MERCOSUR Group was also tabled.
A copy of the Minutes of the meeting is attached. A list of registering attendees and those providing formal apologies is also attached.
On Friday 4 November 2016 as part of the Conference plenary programme a further 75 minute session was devoted to the topic of “Climate Change: Insurance in Times of Climate Change”, chaired by Chris Rodd (Australia)of the CCWP. Rich Traub (US) spoke about the most critical questions being posed about risk and liability issues and the response of insurers; Dr Caroline Bell (UK) reported on developments in response to exacerbated flooding and large-scale losses over recent years and more particularly the creation in the UK of the government-backed coverage vehicle, Flood Re; and Joachim Krane (Germany) considered further issues and developments in the unfolding of the VW Dieselgate story and the implications for board rooms, insurers and manufacturers among others.
These presentations may be accessed by clicking on the links above (once loaded) or via the link: http://aida.org.uk/AIDAEurop/Past-Events.asp.
Thirteenth Meeting: Lima - 4 October 2016
The thirteenth meeting of the AIDA Climate Change Working Party took place between 09:00hrs to 11:00hrs on Tuesday 4 October 2016 at the Cultural Center of the Pontific Catholic University of Peru, Avenue Camino Real §075, district of San Isidro, Lima 27, Peru on the first of two days of meetings arranged by AIDA Peru and CILA.
Attached is the Agenda of that meeting which was conducted in Spanish and was chaired by Gloria Faria (Brazil) with CCWP Chair, Tim Hardy, also in attendance.
Two formal presentations were delivered at the meeting and may be accessed here or very shortly when loaded:
Climate Questions in Brazil (including perceptions of Climate Change and the role of insurance to reduce physical loss and exposure including the aggravation of catastrophe losses and provision for agricultural losses) - Gloria Faria of CNSeg (Brazil)
Current Climate Change challenges in South America (particularly the role of parametric insurance products for agricultural risks from a Peruvian perspective - Miryam Aragon Espejo (Peru)
In advance of the meeting a 51-page Report was also prepared for the benefit of the meeting by the MERCOSUR Group, co-ordinated by Maria Kavanagh, Argentina, entitled, "Parametric Insurance Applied to the Agricultural Sector in the Mercosur Region”, a copy of which is now attached in both English and Spanish versions, upon which Miryam Aragon Espejo drew for her presentation.
A copy of the Minutes of the meeting is attached. A list of registering attendees and those providing formal apologies is also attached.
Twelfth meeting: Helsinki - 16 June 2016
The twelfth meeting of the AIDA Climate Change Working Party took place on Thursday 16 June 2016 in the Main Building of the Central Campus of the University of Helsinki in Finland on the occasion over 15 and 16 June 2016 of the AIDA Presidential Council meetings being held there and the celebration of the 85th Anniversary of the formation of what is now the AIDA Finland National Section.
Attached is the Agenda of that meeting which took the theme of, “Insurance Challenges presented by Climate Change post-COP 21” and was chaired by Tim Hardy (UK).
The following presentations were delivered at the meeting and may be accessed here:
Threats and responses to Climate Change in the Nordic Region post-COP 21 - Esko Kivisaari, Federation of Finnish Financial Services (FFI) - Finland
Rupture of Fundão Dam in Brazil (Nov 2015) – Gloria Faria, CNseg – Brazil
In advance of the meeting a 51-page Report was also prepared for the benefit of the meeting by the MERCOSUR Group, co-ordinated by Maria Kavanagh, Argentina, entitled,
"Post-COP 21 Actions – Argentina/Brazil/Chile/Peru/Uruguay” a copy of which is now attached in both English and Spanish versions.
The review of events and responses in South America served as helpful specific illustrations and case studies of issues also addressed during the meeting in the form of an Open Forum co-chaired by Tim Hardy (UK) and Chris Rodd (Australia) when a wide range of issues were aired and debated.
A copy of the Minutes of the meeting is attached. A list of registering attendees and those providing formal apologies is also attached.
Eleventh meeting: Paris - 2 December 2015
The eleventh meeting of the Working Party took place on Wednesday 2 December 2015 in Paris at the offices of the Fédération Française des Sociétés d’Assurances (FFSA) on the occasion of the AIDA France Conference (2-3 December 2015).
The meeting took the form of a Joint Meeting with the AIDA Civil Liability Insurance Working Party in conjunction with the AIDA Motor Insurance Working Party.
The Agenda of that meeting which adopted the theme of Testing times for emissions and targets – counting the cost and insurance implications of failure and false promises and was chaired by Tim Hardy (UK) is attached.
The following presentations were delivered at the meeting:
VW Dieselgate : A First Survey of the Main Facts and Legal Issues - Marco Frigessi, AIDA CCWP Vice Chair, Italy
VW Dieselgate and Environmental Claims - Sara Landini, AIDA MIWP Chair, Italy
The VW Scandal watched with D&O Spectacles - Adolfo Paolini, AIDA CLIWP Vice Chair, UK
VW Dieselgate – A Perspective from the UK - Stephen Turner, DAC Beachcroft, UK
A French Perspective on VW Scandal-related Litigation - Cédric Wells, Swiss Re, France
In advance of the meeting a 54-page Report was also prepared for the benefit of the meeting by the MERCOSUR Group, co-ordinated by Maria Kavanagh, Argentina, entitled, "The Effects of Climate Change GHG Emissions", a copy of which is attached in both English and Spanish versions.
A copy of the Minutes of the meeting is attached. A list of registering attendees and those providing formal apologies is also attached.
Tenth meeting: Copenhagen - 11 June 2015
The tenth meeting of the Working Party took place on Thursday 11 June 2015 in Copenhagen on the occasion of the Vth AIDA Europe Conference (11-12 June 2015).
The Agenda of that meeting chaired by Tim Hardy (UK) is attached.
Introduction and overview: Update upon responses of insurers and governments to flood risk in the wake of major losses of recent times and Flood Re – the UK response - Tim Hardy, UK
German response to Flood risk - Prof Dr Oliver Brand, Germany
The Flood Risk - What has changed in Australia? - Chris Rodd, Australia (presentation delivered to 9th AIDA CCWP meeting in Havana)
Urban Flooding in the Mercosur region - Report by the MERCOSUR Group, co-ordinated by Dr Maria Kavanagh, Argentina
Catastrophe Bonds and Climate Risk - Report upon latest developments in the use of Cat Bonds - Paolo Rainelli, Italy
Governments being held to account for Climate Change · The Climate Case: action by the Urgenda Foundation against the Dutch Government – the first case in Europe where citizens hold a state legally responsible for inaction over Climate Change – the first of many? - Stijn Franken, Netherlands
Latin American perspective - Brazilian law upon solid waste and the application of reverse-logic for definition of liability - Gloria Faria, Brazil
A copy of the Minutes of the meeting is now attached. A list of registering attendees and those providing formal apologies is also attached.
Ninth meeting: Havana - 8 April 2015
The ninth meeting of the Working Party took place on Wednesday 8 April 2015 in Havana, Cuba on the occasion of the XIV Ibero-Latin American Congress of Insurance Law.
The Agenda of that meeting chaired by Hilda Zornosa (Colombia) is attached. The Minutes of that meeting and links to the following presentations made and/or reports delivered will be posted here very shortly.
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Flooding in the agricultural sector in the Mercosur region- Report by the Mercosur Group comprising:
María Kavanagh, Argentina
Peri Saraiva Neto, Brazil
Ana Rita Petraroli, Brazil
Ricardo Peralta Larrain, Chile
Myriam Aragón Espejo, Peru
Roxana Corbran, Uruguay
Andrea Signorino Barbat, Uruguay
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Insurance of forest fire risks in Argentina - Florencia Mangialardi, Argentina
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The environmental ramifications and insurance of fracking - an Australian perspective - Chris Rodd, Australia
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Brazilian law upon solid waste and its relation to the legal dismantling of motor vehicles and parts
Report by AIDA Brazil Group comprising
Glauce Carvalhal
Pery Saraiva
Maria da Gloria Faria
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Fracking and Minerals Policy in Colombia - Hilda Zornosa, Colombia
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The Supreme Court and Environmental Insurance - Analysis - Report by Rossana Bril, Argentina
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Flood risk - recent developments in Australia - Chris Rodd, Australia
Eighth meeting: Rome - 29 September 2014
The eighth meeting of the Working Party took place on Monday 29 September 2014 between the hours of 16:00hrs and 18:00hrs at the European University of Rome as part of the XIVth AIDA World Congress. It was the best attended of any of the Climate Change Working Party meetings held to date with representatives attending from over 30 countries.
The Agenda for that meeting chaired by Tim Hardy (UK) is attached.
In the event the topic of Flooding was deferred for fuller discussion at our next meeting.
Presentations were delivered upon two topics, each made the subject of CCWP questionnaires delivered before the Meeting and which may be opened and downloaded here - Fracking and Agricultural Insurances/Food Security.
Prior to the meeting responses were received from the US, Australia and the UK in respect of fracking and from Argentina, Australia, Brazil, Chile, Peru and Uruguay re agricultural insurances, with notes, reports and promises of detailed answers to follow from several other countries.
Information supplied was drawn upon and helped inform the following presentations delivered at the meeting (where presentations are not yet loaded these will be posted very shortly):
- Fracking: Particular legal and coverage problems presented by the extraction of shale oil and gas - Tim Hardy, AIDA CCWP Chair, UK.
- Fracking: Universal key issues in pollution damage insurance coverage : Birgit Kuschke, Associate Professor, Dept of Private Law, Univ of Pretoria, South Africa
- Fracking: The case of Warren Drilling v ACE American Insurance (2012) and lessons from the US experience to date: Rich Traub, Partner,Traub, Lieberman Strauss & Shrewsberry LLP, United States
- Agricultural Insurance against Food Demand: Perspective from Mercosur countries (Argentina, Brazil, Chile, Peru, Uruguay) - Dr Maria Kavanagh, Argentina
- Agricultural Insurances - Coping with the threats to food production- Chris Rodd, CGU Insurance and Monash University, Melbourne, Australia
- Agricultural Insurances and Colombian government current policy - Hilda Esperanza Zornosa Prieto, Universidad Externado de Colombia, Colombia
In addition to a short final oral intervention received from Dr Rossana Bril, Estudio Bril, Argentina a number of papers and reports were provided in advance of the meeting in addition to the questionnaire answers described above, which will be posted or reported upon more fully in due course and which included:
- Agricultural Insurance against Food Demand: Perspective from Mercosur countries (Argentina, Brazil, Chile, Peru, Uruguay) - MERCOSUR GROUP: Dr Maria Kavanagh, Argentina
(Co-ordinator); Pery Saraiva Neto and Ana Rita Petraroli, Brazil; Ricardo Peralta Larrain, Chile; Miryam Aragon Espejo, Peru and Andrea Signorino Barbat and Roxana Corbran, Uruguay, with help from further external contributors.
A copy of the Minutes of the meeting is now attached. A list of registering attendees and those providing formal apologies is also attached.
Seventh meeting: Athens - 8 May 2014
The seventh meeting of the Working Party took place on Thursday 8 May 2014 between the hours of 09:00hrs and 11:00hrs at the King George Hotel in Athens immediately prior to the international conference staged by the Hellenic Association of Insurance Companies and the Hellenic Consumers' Ombudsman entitled, "Life, Health and Pension Insurance in the new Economic Environment" on Friday 9 May 2014.
The Agenda for that meeting chaired by Tim Hardy (UK) is attached. Some photographs of the meeting appear below:
   
Presentations made included:
Report delivered:
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Impact of Climate Change on Life & Health Insurance- " Life, Health and Pension Insurance in the new Economic Environment" - Paper delivered by MERCOSUR GROUP (co-ordinated by Dr Maria Kavanagh, Argentina - with external collaboration from Dr Ana Rita Petraroli, Brazil ) addressing challenges to these classes in Argentina, Brazil, Chile, Peru and Uruguay.
The session reviewed and updated responses received to Questionnaires circulated in conjunction with the Green Car & Insurance project, considering levels and forms of encouragement being offered by motor insurers and others of green car use and eco-friendly driving practices and incentives, presently being undertaken under the leadership of Prof Sara Landini. Also, the updating of National Reports upon Climate Change issues in respect of motor vehicle use and insurance. The impact of Climate Change upon Greek environmental liabilities; risk analysis and coverage in property and business interruption insurance globally; and upon life, health and pension insurance from a Latin American perspective were all considered in the remainder of the meeting.
A copy of the Minutes of the meeting is now attached. A note of registered delegates, confirmed attendees and apologies is also attached.
Sixth meeting: Sydney - 18 September 2013
The sixth meeting of the Working Party took place between 11:30hrs and 13:30hrs on Wednesday 18 September 2013 at the conference facility at Doltone House, Darling Island Wharf, Pyrmont, Sydney on the occasion of the AILA (Australian Insurance Law Association) National Conference which took place between 18 and 20 September 2013.
The agenda for that joint meeting with the AIDA Motor Insurance Working Party, co-chaired by Tim Hardy (UK) and Peggy Sharon (Israel) and entitled, "Climate Change, Motor Vehicles and insurance - Taming the Beast?" is attached.
Presentations included:
- An Overview of Motor Vehicles, Manufacture, Insurance and Climate Change - Tim Hardy (UK) , AIDA Climate Change WP Chair
- Green Car & Insurance - Peggy Sharon (Israel), AIDA Motor Insurance WP Vice-Chair and Tim Hardy (UK) , AIDA Climate Change WP Chair, with input from AIDA Motor Insurance Working Party Chair, Sara Landini (Italy)
- New Technologies in Vehicle Design - Neutral/LowEmissions Vehicles and Impact for Insurers- Robert McDonald (Australia), Senior Manager, Insurance Australia Group Research Centre
The session considered various issues raised by responses from AIDA National Sections, among others, to Questionnaires circulated in conjunction with the Green Car & Insurance project, considering levels and forms of encouragement being offered by motor insurers and others of green car use and eco-friendly driving practices and incentives, presently being undertaken under the leadership of Prof Sara Landini, AIDA Motor Insurance Working Party Chair and the updating of National Reports upon Climate Change issues being undertaken by the AIDA Climate Change Working Party.
A copy of a number of the Questionnaire responses and other materials supplied for the meeting will be posted shortly.
A copy of the Minutes of the meeting, together with a note of attendees and apologies is attached.
Fifth Meeting: Lisbon - 8 May 2013
The fifth meeting of the Working Party took place between 9:15hrs and 11:15hrs on Wednesday 8 May 2013 at the Calouste Gulbenkian Foundation in Lisbon on the occasion of the CILA (Iberian Latin American Insurance Law) Congress between 8 and 10 May 2013.
The Agenda for that meeting chaired by Tim Hardy is attached.
Presentations made were as follows:
Additional new materials were also submitted for and introduced to the meeting:
- Report/presentation from Maria Kavanagh (Argentina) and other members of the MERCOSUR Group
- Report/presentation from Pedro Castro Caldas (Portugal) - Impact of Climate Change on Insurance
- Report from Chris Rodd (Australia) - Australian Report: Flood definitions, coverage, modelling and more
Attached are the Minutes of that Meeting and a note of attendees/apologies.
Fourth Meeting: London - 13 September 2012.
The fourth meeting of the Working Party took place between 12:30hrs and 15:00hrs on Thursday 13 September 2012 at the Grange Tower Bridge Hotel in London on the occasion of the IVth AIDA Europe Conference staged in association with the British Insurance Law Association on 13 and 14 September 2012.
The Agenda for that meeting chaired by Tim Hardy is attached.
Presentations made were as follows:
The following further materials were also submitted for and introduced to the meeting:
- 166-page Report of the MERCOSUR Group submitted and co-ordinated by Dr Maria Kavanagh, Argentina, recording issues and developments in Argentina, Brazil, Chile, Peru and Uruguay.
- Powerpoint presentation (and supporting narrative) of the MERCOSUR Group concerning: "Tropical Glacier Retreat in the Republic of Peru".
Attached are the Minutes of that Meeting and a note of attendees/apologies.
Third Meeting: Istanbul - 4 May 2012
The third meeting of the Working Party took place between 09:00hrs and 11:00hrs on Friday 4 May 2012 at the Marmara Hotel - Taksim in Istanbul on the occasion of the AIDA Presidential Council Meeting staged and hosted jointly by the AIDA Turkey and German National Chapters between 2 and 5 May 2012.
The Agenda for that meeting to be chaired by Tim Hardy is attached.
The presentations made at the meeting were:
- Implications of the published reports into the 2011 Queensland Floods and the Australian Federal Government Enquiry - Natural Disaster Insurance Review - Presentation made by Chris Rodd, Technical Counsel, CGU, Melbourne and Monash University (AUSTRALIA)
- Update on Climate Change Liability cases in the US Supreme Court and elsewhere - Presentation made by Tim Hardy, CCWP Chair and Vice President, BILA (UK)
- Catastrophe damages and insurance within the EU framework - Presentation made by Prof Marco Frigessi di Ratalma, CCWP Vice Chairman, Professor University of Brescia - Law School and of Counsel, Simmons & Simmons LLP, Milano (ITALY)
- Weather derivatives' regulation: open issues and new opportunities for risk coverage products - Presentation made by Prof Paolo Rainelli, Adjunct Professor of Business Law at the Politecnico of Turin and Associate, Cleary Gottlieb Steen & Hamilton LLP of Milan (ITALY)
Attached are the Minutes of that Meeting and a note of attendees/apologies.
Second Meeting: Tel Aviv - 7 September 2011
The second meeting of the Working Party took place between 18:30hrs and 20:30hrs on Wednesday 7 September 2011 at the Hilton Hotel in Tel Aviv on the occasion of the AIDA Israeli National Section staging their Colloquium on 7/8 September 2011 and hosting meetings of the AIDA Presidential Council.
The Agenda for that meeting chaired by Tim Hardy is attached.
The presentations prepared for the meeting were:
The presentations can be viewed here
Attached are the Minutes of that Meeting and note of attendees/apologies.
First Meeting: Amsterdam - 26 May 2011
The first meeting of the AIDA Climate Change Working Party took place on Thursday 26 May 2011 at the NH Barbizon Palace Hotel in Amsterdam on the occasion of the Third AIDA Europe Conference.
The Agenda for that meeting is attached.
Presentations delivered at the meeting and/or papers submitted for the meeting or to which reference was made in the Agenda may were as follows:
"Impact of Climate Change and responses around the world"
Presentation by Chris Rodd, CGU Insurance, Melbourne: "Impact of Natural Disasters - Immediate and potential implications for the climate change insurance and legal landscape" (Australia)
Presentation by Dra. María Silvia Moron Kavanagh, Lawyer, Buenos Aires: "Climate Change and its Impact on Agriculture in Argentina" (Argentina) (English and Spanish versions)
The following further papers or presentations were submitted or cited in this area:
Paper by Dr Rossana F Bril, Lawyer, Estudio Bril, Buenos Aires: "Mandatory Environmental Insurance - Environment Court Decisions - New Opportunities. New Challenges." (Argentina)
Paper by Dr Rossana F Bril and Felipe F Aguirre, Lawyers, Buenos Aires: "Climate Change and Agriculture Insurance" - delivered to CILA in Paraguay, April 2011 - (Argentina) (English and Spanish versions)
Paper by Dr Florencia Mangialardi, Lawyer, Estudio Mangialardi y Associados, Buenos Aires: "Defensive measures in Argentina" (Argentina)
Presentation by Richard Cook, Lawyer, Xchanging, London: " The 2011 Tohoku Earthquake and Tsunami, Japan (11D)" - presented to BILA 20 May 2011 (UK)
Presentation by Daniel Saville, Lawyer, Reynolds Porter Chamberlain LLP, London: "The Tohoku Earthquake & Tsunami - Legal Issues" - presented to BILA 20 May 2011 (UK)
"Climate Change Liability and Litigation"
Sample extracts of Columbia Law School Climate Change US & Non-US litigation charts
"Carbon Insurance and other "new" products"
Presentation by Cedric Wells, Senior Legal & Claims Manager, SCOR P&C, Paris: "Carbon Credits & Insurance - Can Insurance address the current and future needs of the industries?" (France)
Dissertation by Cedric Wells, Paris delivered to ENASS in April 2011 and accepted with honours : " Carbon Credits & Insurance - Can Insurance address the current and future needs of the industries?" (France)
Note of presentation by Soren Theilgaard, Head of Legal Scandinavia, Chartis Europe : "New Products, developments since May 2010" (Denmark)
It may be noted that representatives from over 20 countries registered for the first meeting.
It was resolved that Stijn Franken should assume the role as Secretary to the Working Party.
Future work projects should be explored and settled with timetables initially it is proposed in accordance with four principal work areas as follows: 1) Impact of Climate Change and responses around the world ; 2) Climate Change Liability and Litigation; 3) Carbon Insurance and other "new" products ; and 4) Reinsurance/ART/funding for weather/carbon-market risks and regulatory treatment.
Other areas of priority were agreed as being:
- settling of work area project topics, targets and timetables;
- recruitment of further members and the appointment of work area leaders;
- future regular publication of collected materials from work area activities;
- collaboration with other groups/activities/events (inc. of other AIDA Working Parties); and
- utilisation of the Climate Change Working Party page of the AIDA website for both the collection of materials and for the dissemination of useful information between members.
The full Minutes of that meeting are attached.
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