Association Internationale de Droit des Assurances
AIDA MAIL              September 2004
 

 

1. Introduction

2. News from the Presidential Council

3. Tribute to Spencer Kimball

4. Photo gallery: the British Insurance Law Association welcomes members of AIDA, May 2004

5. News from the Working Parties

6. News from the National Chapters

7. Legal Developments

8. AIDA website

9. How to contribute to future issues of AIDA Mail

 

2. News from the Presidential Council

The Presidential Council met at the London office of Barlow Lyde & Gilbert on Wednesday 19 May 2004. President Jaramillo opened the meeting by thanking those present for their attendance, and Barlow Lyde & Gilbert for hosting the meeting.

  
AIDA President Carlos Ignacio Jaramillo J at the May 2004 meeting of the AIDA Presidential Council

Richard Kennedy delivered a tribute to the late Professor Spencer Kimball and a minute’s silence was observed in the Professor’s memory.

XIIth World Congress, Buenos Aires, 2006 

The President read a report from Claudio J Horst Speyer (Chairman of the Argentine organising committee) regarding the progress of preparations for the next World Congress. Terrorism was the majority choice for the second theme and Professor Kullman was appointed General Reporter, and Professor Merkin Co-Reporter, with a view to defining the topic further and focusing on specific aspects. Professor Gambino reported that in September 2003 an Italian group formed to study the topic of terrorism. The group had produced a brief report (in English and in Spanish) on the work completed so far. Professor Gambino suggested that the AIDA Presidential Council co-operate with this Italian group.

Diagnosis of the structure and function of the National Sections 

A questionnaire aimed at assessing the structure and function of National Sections was distributed to all National Sections. It is hoped the President will have received sufficient responses by the next Presidential Council meeting for the findings to be discussed there. 

Updates from the Working Parties 

Eduardo Mangialardi (General Co-ordinator of Working Parties) had produced and distributed a questionnaire aimed at reviewing the objectives and productivity of the Working Parties.

Prevention and Insurance Working Party: Professor Alarcon reported that this Working Party is currently preparing a questionnaire on genetic engineering, traffic accidents and accidents in the work place. There is a degree of overlap between the subject of this questionnaire and the work of the Group on Insurance for Products, Pollution and New Technologies so the two Working Parties have agreed to collaborate in relation to this.  

Motor Insurance Working Party: Dr Gambino presented a written report, on behalf of Dr Zimolo, updating the Presidential Council on the activities of his Working Party (see News from the Working Parties for further details).

Consumer Protection and Dispute Resolution Working Party: Professor Kullmann reported that he had produced and distributed a questionnaire on prescription and a further questionnaire on social losses, but he had had a particularly poor response to both. Professor Merkin said that some of the problems which the Working Party was initially set up to address have now been dealt with by national ombudsmen, so there is no new law on the subject. Dr Mangialardi is to review the role of this Working Group. 

Reinsurance Working Party: Colin Croly reported that a meeting had been held that morning (19 May 2004) and had included a presentation on insolvency and reinsurance. The Working Party is very close to publishing three further Reports: ‘The Meaning of “Event” and Similar Phrases in Reinsurance Contracts’, ‘Admissibility of Custom and Practice Evidence’ and ‘Cut Through, Transfer and Reconstruction Issues’ (see News from the Working Parties for further details).

Liber Amicorum in honour of Professor Antigono Donati 

The President reminded delegates that contributions to this book should have been received by 31 July 2004. Professor Gambino suggested that the deadline for receiving contributions be extended to December 2004.


The meeting of the AIDA Presidential Council in May 2004

Proposal for Electronic Yearbook 

The President explained this would involve National Sections providing, in electronic form, information which has previously been contained in the yearbook.  The Italian Section is responsible for producing the yearbook. In an attempt to get electronic copies of documents which have, to date, only been available in paper form, Professor Giampaolino, on the Italian Section’s behalf, requested that question 2 of the National Sections questionnaire include a request for copies of the articles of association, byelaws or statutes of each National Section.

International Insurance Legislation 

The President reported that ten countries had responded to his request for materials for a collection of international insurance legislation. Most of the respondents are members of the Ibero-Latin-American Committee of AIDA (CILA), although there has also been a response from France. The President is going to send a reminder to the National Chapters requesting further contributions.

International Co-operation Agreements

The President reported on the successful signing of the Convention on International Co-operation in the Study of Insurance Law with the University of Louvain. The official text has now been published and can be accessed by clicking here. The President suggested that AIDA should consider extending the scope of such agreements to bring AIDA closer to institutions that focus on insurance. 

AIDA Insurance Library

Representatives from the Presidential Council had met with Professor Guido Remy, Director of the International Insurance Library at the University of Louvain following the Brussels meeting. Interest was expressed in cooperating towards the formation of a library containing more than 70,000 reference works. The Spanish National Chapter has accepted responsibility for coordinating this project, using Internet resources. It will oversee the formation of an international working group which will work towards creating an AIDA database. A questionnaire will be created and a report presented at the next Presidential Council meeting. 

The President thanked Professors Fontaine and Cousy for their preparatory work on this project.

Masters Degree in Insurance Law (proposed collaboration between the Universities of Stockholm and Trieste) 

Article 3(f) of AIDA’s byelaws states that one of AIDA’s objectives is to co-operate with educational and other international institutions interested in insurance law. In view of this objective, Professor Busani of the University of Trieste has suggested the creation of a Masters degree in European insurance law and is seeking financial support for the project. Professor Dufwa of Stockholm hopes to be able to report further at the next Presidential Council meeting.

Date and Venue of the Next Meeting 

The Presidential Council will meet in Madrid on 11 November 2004, in conjunction with the SEAIDA colloquium.