Hot topics / Articles
Key Differences between Swiss and English Insurance Law - Christian Felderer and Lars Gerspacher of the AIDA Swiss Chapter presentation to BILA - 19 September 2014
Attached are the presentations delivered by Christian Felderer and Lars Gerspacher of the AIDA Swiss Chapter to BILA on the Key Differences between Swiss and English Insurance Law. These address key features and current issues of the Swiss insurance regulatory system, including Solvency II equivalence and a particularly interesting analysis of some of the stumbling blocks encountered in the context of London Market wordings being employed for Swiss-based business in terms of subrogation challenges, pre-contract disclosure obligations and the interpretation of terms, conditions and warranties.
Attached is a recent publication by DLA Piper Australia entitled "Corporate Insurance Trends
2014". The publication covers the following:
* Trends and tendencies in D&O
* Cyber risks and the impact on Company Directors
* Is there more to disclose? Changes to the duty of disclosure
* Class actions and reliance - Learning from the US 'fraud on the market' theory
* Building a bridge - Over troubled section 6 waters
* Mitigating risk in M&A transactions in Australia - Warranty & indemnity insurance
* Arbitrations and underwriting risks - How well do you know your insured's agreements?
Two important ECJ decisions (Judgments C-22/12, Katarina Haasova v Ratislav Petrik and C-277/12 Blanka Holingova and Vitalijs Drozdovs v Baltikums AAS of the Court of Justice of the European Union) with critical comments drafted by Ms. Eirini Sarri, Attorney at Law, Associate of Rokas & Partners, Athens - Attached.
An article about a recent decision of the Spanish Appeal Court of Lugo on "Jurisdiction Clauses in Marine Insurance Policies" provided by Rogers & Co, Madrid - Attached.
A Booklet issued March 2014, containing articles on Alternative Dispute Resolution from various jurisdictions can be found on the Consumer Protection and Dispute Resolution page of the website by clicking here
UK Reported Case: February 2014
Claims Settlement: English Commercial Court Considers Lead Underwriter's Duties to Following Market - Attached
Banks as tied insurance intermediaries tied insurance intermediaries (IIIM), by Dr. I. Rokas, October 2013 - Attached
Cross Border Insurance Services Within the EEA: Is An Establishment Necessary? by Alkistis Christofilou, Partner, IKRP (Athens), April 2013 - Attached
Online Insurance Intermediaries, by Dr. I. Rokas, October 2012 - Attached
Article by Sharon Shefer of Levitan, Sharon & Co relating to a recent Supreme Court judgment in Israel on breach of safety measures by insured - Attached
Interpretation of Product Liability Policy by Peggy Sharon, Levitan Sharon & Co, Israel - Attached
oOo Life Insurance and Linked Policies under Italian Case Law by by Sara Landini and Marco Frigessi di Rattalma - Attached
Coverage Position Letter produced by Gross Orad Schlimoff & Co - Attached.
Extra Contractual Damages Imposed on an Insurer by Rachel Levitan, Adv and Peggy Sharon, Adv of Levitan, Sharon & Co - Attached.
Subrogation Rights in Israel for Foreign Insurers by Rena Egulsky, Adv of Gross Orad Schlimoff & Co, September 2012 - Attached.
"Insuring success - the overhaul of Switzerland's Insurance Contract Act" by Christian Lang and Zsuzsanna Kunszt of Prager Dreifuss, January 2012 - Attached
A recent judgement from the Danish High Court regarding the responsibility for cigarette manufacturers' use of additives in cigarettes by Torben Bondrop of Plesner Law Firm in Copenhagen, December 2011 - Attached
A July 2011 decision by the Israel Supreme Court in the matter of Maccabi Health Services y. Dubek Ltd., and Clalit Health Services v. Dubek Ltd., Philip Morris et al. - Attached
The New Danish Arbitration Act by Torben Bondrop of Plesner Law Firm Copenhagen, October 2010 - Attached
Developments in European & National Law
The following topics are discussed in the document below with regards to developments in European and National (Greek) Law: a) the work of the Project Group "Restatement of the European Insurance Contract Law" which elaborated the Principles of European Insurance Contract Law (PEICL). The "Draft Common Frame of Reference" ("DCFR") produced contains model rules for contracts and encapsulates the work conducted over the last 10 years with a view to offer an alternative optional "2nd" regime in each Member State that would allow less lawmaking and b) the recently enacted Greek Law for the creation of a guarantee fund for private life insurance aimed to promote the better safeguarding and coverage for the claims of policyholders.
Athens, 13 Sept. 2010
For the Greek National Chapter of AIDA
Prof. Dr. Ioannis Rokas
Dr. Kyriaki Noussia
Mrs E. Varouchaki
For document click here