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News from the Working Parties
The following Working Parties met during the World Congress in Buenos Aires 16-20 October 2006: Prevention and Insurance, Motor Insurance, Transport and Insurance, Accumulation of Claims and Subrogation, Reinsurance, New Technologies, Prevention and Insurance, Protection of the Consumer, Distribution of Insurance, State Supervision of Insurance, and Insurance and Civil Liability.
REINSURANCE WORKING PARTY
- Reinsurance Working Party meeting held in Buenos Aires
The AIDA Reinsurance Working Party met in Buenos Aires on 17 October 2006.
Colin Croly chaired the meeting, and it was attended by over 100 members of AIDA. He began by giving an update on the status of the Reinsurance Working Party Reports. The theme of the meeting was Commutations. Presentations were given by Christopher Cardona (UK); Michael Gill (Australia); Sergio Barroso de Mello (Brazil); Ricardo Abuanuad (Argentina) and Huberto Labes (Germany)
- Reinsurance Working Party Reports
Report 4: 'The Meaning of "Event" and Similar Phrases in Reinsurance Contracts' (edited by Michael Mendelowitz), Report 5: 'Evidence of Custom and Practice in the Interpretation of Reinsurance Contracts' (edited by Katherine B Posner) and Report 6: 'Cut Through, Transfer and Reconstruction Issues' (edited by Michael Gill and Andrew Toland) are available to purchase from the AIDA Secretariat, and can be ordered via the AIDA website.
Reports No.7 (Intermediaries) and No.8 (Limitation) are currently being prepared. Reports 1(What is Reinsurance?), 2 (Follow the Settlements) and 3 (The Proper Law of Reinsurance Contracts), first published in 1999 and 2000, will shortly be revised and updated.
- Next Reinsurance Working Party Meeting
The next Reinsurance Working Party meeting will take place on 24 May 2007, to coincide with the Presidential Council meeting, in Rome.
MOTOR INSURANCE WORKING PARTY
- Motor Insurance Working Party meeting held in Buenos Aires
Four years ago at the New York Congress, the Motor Insurance Working Group submitted the study on all the normative and management aspects of Motor T.P.L. Insurance in the world, which had been undertaken following the Copenhagen Congress and had materialized through the Prof. Deidda, Carrère d’Encausse and Zimolo chairmanships . A survey of 50 questions was initially sent to the AIDA sections. The questionnaire was then extended to a growing number of countries with a view to making the paper as internationally representative as possible.
The report submitted at the XII Congress in Buenos Aires, and summarized by the President Dr. Zimolo at the Group’s meeting on 16 October 2006, is the updated version of the New York report; though the current survey has been broadened to include 194 countries, whereas the New York Congress report only covered 166 states. Out of the 194 countries considered, 164 have implemented compulsory Motor T.P.L. insurance (there were 143 who had implemented this law at the New York Congress); 122 countries covering both bodily injury and material damage, and 42 countries implementing compulsory cover only for bodily injury.
This Motor Insurance Working Party report therefore highlights the continuing expanision of the compulsory insurance principle worldwide. The past four years, separating the New York and Buenos Aires Congresses, have seen the definitive collapse of the last ideological and religious obstacles that had delayed its application. Following its introduction in the Nineties, through the legislations of countries that had attained independence after the dismemberment of the Soviet Union, compulsory insurance for road traffic losses has also been codified in 2003 by the legislature of the Russian Federation. The People's Republic of China followed soon after and also implemented compulsory insurance law. In the last few years, Saudi Arabia, as well as five States of the USA (Florida, Mississippi, New Mexico, Utah and Washington) have introduced compulsory insurance into their legal system. Motor T.P.L. insurance is still not yet compulsory in six Asian and seven African countries, three federate States in USA, and three caribean and four Pacific islands.
The last four years has also been rich in legislative measures from the European Union’s 5th Motor Insurance Directive to domestic provisions, such as in France and Italy, where the application of the direct indemnification principle now applies to bodily injuries. Other changes which have been carried out are the extension of protection for road accident casualties, as well as a wide range of legislative interventions directed towards guaranteeing greater road safety. These years have boosted interventions by insurers and local authorities with a view to reducing the effects of a phenomenon widespread in many countries, such as fraud in insurance which causes rising insurance premiums and losses for the insured community at large.
Information of all of the above - new legislative and market operative measures - is given in the Buenos Aires Report.
- Motor Insurance Working Party meetings
The Motor Insurance Working Group met in February 2007 in Brussels and will meet again in May 2007 in Rome. Topics for discussion at the meeting in Rome include the final version of the study on normative and management aspects of Motor T.P.L insurance, and to develop studies on "Trends in compensation of bodily injuries" and "The protection of the weaker parties in road accidents", which until now were restricted to only the European countries.
DISTRIBUTION OF INSURANCE WORKING PARTY
The Distribution of Insurance Working Party will relaunch itself under the chairmanship of Dr. Rokas. The next meeting will take place on 24 May 2007 in Rome. The issues to be discussed in Rome are: Brokers' liabilities; and Alternative methods of distribution of insurance products. Those who are interested in this working group are kindly asked to contact Dr. Rokas at the Hellenic Insurance Law Association ( hila@rokas.com).
NEW TECHNOLOGIES, PREVENTION, AND INSURANCE WORKING PARTY
The New Technolgies, Prevention and Insurance Working Party met on 18 October 2006 in Buenos Aires. The main topic of discussion at this meeting was the new Working Party questionnaire on Internet Service Providers, in particular, Certification Service Providers.
Both Spanish and English versions of this questionnaire are available on the AIDA Website.
PENSIONS WORKING PARTY
The Pensions Working Party is looking for a new Chairman to replace Pieter de Lange. Those who are interested in the position of Chairman of the Pensions Working Party are kindly asked to contact Pieter de Lange (fjabur@euronet.nl), or Colin Croly, the Secretary-General (aidaworld@btinternet.com)
STATE SUPERVISION OF INSURANCE WORKING PARTY
The State Supervision of Insurance Working Party met on 18 October 2006 in Buenos Aires. Topics of discussion at this meeting included a talk given by Dr. Gunne Baehr on "Supervision of Board Members of Insurance Companies." Prof. Dr. Gerrit Winter gave a presentation on "Outsourcing under Supervisory Law." Further discussions took place on new developments in legislation of State Supervion in Insurance, as well as future work and plans of the Working Party.
COLLECTIVE INSURANCE WORKING PARTY
A proposal for a new Working Party on Collective Insurance was put forward by Bill Dufwa to the Presidential Council at the meeting in Buenos Aires:
" Insurance law mainly works with individual insurance. Since the middle of the last century another type of insurance is slowly but more and more decisively coming to the forefront: collective insurance. This insurance is composed of two types: group insurance and insurance based on collective agreements (the latter abbreviated ca-insurance). Each of them covers indemnity insurance as well as personal insurance. Thus there are four kinds of collective insurances: group indemnity insurance, group personal insurance, ca-indemnity insurance and ca-personal insurance."
The Presidential Council approved this proposal for a new working party on Collective Insurance. Details will be posted on the AIDA website as soon as plans are confirmed. Anyone interested should contact Bill Dufwa (bill.dufwa@juridicum.su.se, bill.dufwa@wandoo.fr)
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