4. News from the National Chapters

ISRAEL

The Israel chapter of AIDA holds regular seminars on topical insurance subjects and developments in the insurance world in Israel and worldwide. The Israel chapter is headed by Adv. Peter Gad Naschitz, senior partner of Naschitz, Brandes & Co. 

Among the speakers in recent seminars have been Colin Croly, Michael Mendelowitz, Justice (ret.) Theodore Orr (former deputy President of the Supreme Court), Prof. Robert Merkin and many others.

The most recent half-day seminar was held at the Tel Aviv Hilton on 9 February 2006. The subjects which were presented were:

1. The recent judgment of the Israeli Supreme Court in the matter of Ettinger which canceled the previous rule in Gabriel v. Gabriel, giving the right of compensation to the estate of a deceased person in respect of the years during which he would have had a working life, had he not been killed in an accident. This judgment created a mini-revolution in the Israeli law of torts. The speaker was Judge (ret.) Dr. Gabriel Kling, one of the most respected lecturers and writer on tort law.

2. The limits of coverage of contractors, and sub-contractors in the jurisprudence on double insurance, presented by Dr. Shahar Welner, author of a recent book on insurance law.

3. The law on third party insurance and professional liability insurance and where they overlap, by Yaacov Kiehl.

4. The right of subrogation of insurance companies against the government fund for compensation for damage due to terrorist activities. The speaker was Adv. Gil Atar.

5. The influence of 2005 hurricanes on insurance companies. The speaker was Adv. Jonathan Gross, Lloyd's representative in Israel.

The event was attended by over 200 lawyers, insurance specialists and regulators.

AIDA Israel hopes to send a strong delegation to the AIDA World Congress in October in Buenos Aires.

MEXICO/CILA

Due to the devastating effects of Hurricane Wilma on Cancun, the Ibero Latin American Committee of AIDA (Comité Iberolatinoamericano de AIDA, "CILA") held the IX CILA Congress from 15-18 of March 2006, in Guadalajara, Mexico. The Mexican National Chapter hosted the event at the Hilton Guadalajara Hotel.

The Mexican Chapter organised a programme of presentations for delegates, plus a programme of activities for accompanying guests. Congress presentation topics include, ‘The law applying to reinsurance contracts’, ‘The solution of conflicts in insurance and reinsurance: arbitration or ordinary jurisdiction?’, ‘Moral damage in health insurance’, ‘Claims control clauses and cut through: denaturalisation of the reinsurance contract?’, ‘Personal Insurance and the human genome’ and ‘Regulation to prevent the use of resources from illicit origins and its impact on the insurance and finance sectors’.

The Congress ended with a spectacular trip on the Tequila Express where members of the Congress were welcomed by traditional live Mariachi musicians who accompanied the members on the train to an old tequila distillery. After a tour around the distillery, traditional Mexican food, dance and music were enjoyed as the Mexicans showed the delegates how to have a fiesta.

SERBIA AND MONTENEGRO

Palic Conference 2006

The Association for Insurance Law of Serbia and Montenegro is organising a conference which will take place from 12 to 14 April 2006 at Palic Lake close to the city of Subotica. The General theme of this conference, which is being held for the sixth consecutive year, is 'Insurance in the Adjournment Process of Serbia and Montenegro and the EU (Position and Trends)'. Numerous authors have submitted articles addressing specific topics to the Organising Committee.

Topics included are as follows:

• State agencies' powers in a procedure of foundation of insurance companies in comparative law, with special review on the power of Serbia's National Bank.

• Insurer's solvency in the EU.

• Fradulent acts in life insurance.

• Equalisation reserves formation as per the decision of Serbia's National Banks.

• The new system of compulsory insurance for motor liability in Croatia.

• Features of time bar in insurance.

• Measures of economic policy for the expansion of life insurance.

• Supporting national schemes for exports of countries in transition.

• Protection of insurance against criminal offences.

• Limitation of reinsurer's liability in the context of insurance claims aggregation.

• Model of inetgrated supervision over financial services and its influence on insurance.

• Function and importance of the custody bank in voluntary pension insurance.

• Broker 'power'.

• Two tendencies in regulation of voluntary pension insurance.

• Monetary indemnity of immaterial damage

• Life insurance policy as a means of getting commercial credit

• Distribution channels of insurance.

• Civil law element of compulsory liability insurance.

• Implementation of the fourth EU Directive on motor insurance.

• Life insurance in Serbia and a prospective of its development.

• Development and importance of health insurance.

• Veterinarian liability and overview of its insurance.

• Adjustment of Slovenian insurance to the EU.

UK

Report on the British Insurance Law Association (BILA) activities 2005-2006

BILA has been engaged in a full programme of activities in the course of its 2005/6 year with many more events in prospect. Over and above a regular series of lunchtime talks given throughout the year, the following events are worthy of particular mention.

On 30 June 2005 with the kind assistance of BILA’s President, Lord Justice Thomas, a Mock Trial was staged in the Lord Chief Justice’s Court at the Royal Courts of Justice in the Strand on the theme : "The Case for Bad Faith Damages in English Insurance Law". Before a distinguished presiding panel comprising Sir Christopher Staughton, Sir Anthony Evans and Adrian Hamilton QC, arguments were presented by two leading silks, with supporting market evidence, including evidence of US experience, to consider whether English Courts should have power to award damages for bad faith or delayed payment.

On 16 September 2005 BILA staged its annual half-day Conference and AGM with a mixed panel of English and US speakers addressing a range of topics : "Responding to Enforcement Actions" (Bill Marcoux, LeBoeuf, Lamb, Greene & MacRae), "The broker’s role post-Spitzer" (Christopher Henley, Debevoise & Plimpton), "Financial Reinsurance" (Roger Stewart QC) and "What is wrong with class actions" (Mark Solomon, Lerach Coughlin, San Diego). The event saw the announcement of the award by the BILA Charitable Trustees of the BILA Book Prize 2005 to Professor F D Rose of Bristol University for his work, "Marine Insurance : Law and Practice".

On 19 January 2006 BILA staged a joint meeting with the Law Commission, designed to serve as a platform for all interested parties to engage in discussion upon the Joint Scoping Paper on Insurance Contract Law published by the Law Commission and the Scottish Law Commission and on areas meriting consideration for more detailed review and possible reform, which has been profiled elsewhere upon the AIDA website. Professor Hugh Beale QC of the Law Commission addressed a full gathering and acknowledged the role previously played by BILA (with their proposals paper published in 2002 and other initiatives) in enabling areas of potential concern from different sectors to be aired. He explained the present thinking and timetable of the Law Commissions in their work. He received views and opinions from those gathered and encouraged further views to be registered ahead of the first deadline for preliminary responses of 19 April 2006.

On 26 January 2006 BILA repeated its initiative of 2005 by staging a joint seminar with the Federation of Defense & Corporate Counsel, this time on the theme of "Legal and Market Implications of Hurricane Katrina and other Natural Phenomena". BILA was delighted to be able to welcome to the event as a keynote speaker, the Louisiana Insurance Commissioner, J Robert Wooley, who spoke of the state’s role in the insurance market’s response to the disaster. US attorneys, George Fagan (of Leake & Andersson LLP, New Orleans) and Forrest Latta (of Bowron, Latta & Wasden PC, Alabama) spoke of front line responses. Jonathan Clark of Crawford & Co provided an adjusters’ perspective. Bill Rendall of the Lloyd’s Market Association considered the London Market’s response and Colin Croly (of Barlow Lyde & Gilbert) spoke of how reinsurers stood to be affected. This successful event was followed by BILA’s Annual President’s Dinner held in Middle Temple Hall in the Inns of Court.

As BILA’s series of regular lectures continues, work is under way in preparing for a further mock trial event again to be held at the Lord Chief Justice’s Court on 13 July 2006 and the Annual Conference and AGM scheduled for 15 September 2006.

In view of the number of activities already being staged and the preparation being made for the AIDA XII World Congress in Buenos Aires in October 2006, BILA has decided not to stage a Colloquium in 2006 (one is customarily staged every two or three years) but is making preliminary plans for such an event in 2007.

In recognition of the value BILA attaches to the support customarily received for BILA Colloquia (and other events) over many years from both the AIDA Presidential Council, Working Parties and representatives of many other AIDA National Chapters, BILA is keen to provide notice of any further details and dates for this event as soon as possible.

Further details of all these events, lecture scripts and other materials may be obtained from the BILA website (www.bila.org.uk).

Tim Hardy - BILA Vice-President , Barlow Lyde & Gilbert (aidaworld@btinternet.com)