4. The AIDA General Assembly Meeting, New York, 24 October 2002
   
For those who would like to view Mikael Rosenmejer's opening speech at the World Congress 2002, please click here.

From left to right: President of AIDA, Professor Carlos Ignacio Jaramillo J; immediate past President Mikael Rosenmejer and assistant secretary-general, Michael Mendelowitz.

Report of the President for the Period 1998 to 2002

New Presidential Council members

At an extraordinary General Assembly meeting held in Budapest, three new members were elected to the Presidential Council, namely Herman Cousy of Belgium, Sergio Barroso de Mello of Brazil and Eduardo Mangialardi of Argentina.

Antigano Donati and Jan Hellner

The President paid tribute to the memories of two of AIDA's founding fathers who had died earlier this year, Antigano Donati and Jan Hellner.

National Sections

Mr Rosenmejer said it was encouraging to see a healthy level of AIDA activities in various regions and National Sections, especially the CILA Chapters, Australia, the Nordic countries, Hungary, Italy and others. An AIDA Chapter had been established in Costa Rica and further Chapters were in the process of being created in Iceland, Puerto Rico and the Ukraine.

New Working Parties

New Working Parties have been set up, since the last AIDA World Congress, to deal with Transport, Distribution of Insurance, and Consumer Protection and Dispute Resolution.

AIDA Website

The President reported briefly on meetings of the Presidential Council since the last World Congress. One of the main aims of the last four years was to increase the level of communication between the Presidential Council and the National Sections, between the National Sections themselves, and within individual members of the National Sections. One of the main ways in which this was being achieved was through the publication of AIDA Mail, which is now available in electronic format. The President referred also to the revised AIDA website, the design of which is down loadable for use by other National Sections.

World Congress, Buenos Aires, 2006

The next World Congress will be held in Buenos Aires in 2006. This means that there will be no possibility of a World Congress in Europe before 2010, which would be 20 years after the previous European World Congress, held in Copenhagen in 1990. In these circumstances, perhaps the European Chapters should be looking to form a European regional confederation within AIDA along the lines of CILA.

Mr Rosenmejer thanked the Presidential Council for surprising him with the award of an AIDA Medal. He commented that the past four years had been hard work but also great fun and that the reward of meeting enthusiastic people from all over the world justified the work. He concluded by paying tribute to the members of the General Secretariat, particularly Colin Croly (Secretary-General), Michael Mendelowitz (Assistant Secretary-General, Administration) and Otto Klob (Treasurer and Minutes Secretary).

Treasurer's Report

Michael Mendelowitz, Assistant Secretary General (Administration) delivered the Treasurer's report on behalf of Dr Klob. He said that AIDA's finances were generally in a healthy state, but there seemed to be a growing divide between those Chapters who paid their subscriptions and those who did not. For the current year, there were 58 National Sections who were members of AIDA, only 28 of whom had paid the subscription. This left 30 Chapters in arrear - some of them for two years or more. No applications have been received this year for exemptions from or reductions in the amount of the subscription. The Presidential Council understood that some Chapters might have only a handful of members and would find it difficult to fund an amount of 1,000 Swiss Francs per year, but in that case, all that the National Section concerned had to do was to write to the President, explaining the situation. Applications for exemption or omission from subscriptions, if good reasons were given, were invariably treated sympathetically by the Presidential Council.

The main item of expenditure was now AIDA Mail and other expenses incurred with a view to maintaining communication within AIDA, such as the revamped website. In addition, the Presidential Council has resolved that if Working Parties (in particular) needed simultaneous translation for their meetings and were unable to raise sponsorship for the cost, the Presidential Council would consider paying for such simultaneous translations out of AIDA central funds. In exceptional circumstances, the Presidential Council would also consider financial assistance for translation at international conferences and colloquia, although in such instances the primary obligation would be on the host chapter either to set the registration fee at a level which would cover the cost of translation, or find sponsorship to cover that cost.

Election of Office Bearers for Period 2002 to 2006

The following were elected as Officers of AIDA for the next 4 years:

All of the above were elected unanimously and with acclaim.

In addition, it was noted that Mr Rosenmejer would automatically become an Honorary President of AIDA on relinquishing the Presidency and that Professor Fernando Sanchez Calero of Spain would become an honorary member of the Presidential Council on his retirement as a Councillor, having reached the mandatory retirement age.

Presentation of AIDA Medals

It was noted that AIDA medals had been presented at a reception held on the previous evening to Professor Arturo Diaz Bravo of Mexico, Dr Manuel Soares Povoas of Brazil, Mr John Hastings of Australia and to the outgoing President, Mikael Rosenmejer.

Reports from Chairmen of Working Parties

MOTOR INSURANCE WORKING PARTY

Dr Zimolo reported that the Working Party has produced a comprehensive report at this congress entitled: "Normative and Management Characteristics of Motor Third Party Liability Insurance in the World."

REINSURANCE WORKING PARTY

Mr Croly reported that this group was established in Sydney eight years ago. Since then, it has held two meetings per year in various parts of the world. It has prepared or is in the process of preparing comparative reports on various aspects of reinsurance, three of which have been published to date, with a further three due to published within the next few months. The three reports due for publication shortly are on the meaning of the term "event" and similar terms in reinsurance contracts; custom and practice in the reinsurance industry; and transfer and reconstruction issues. In New York, about 80 people attended the Reinsurance Working Party meeting, the highlight of which was a mock arbitration before US and European panels based on losses arising out of 11 September 2001. The next meeting of the Working Party would be in Rio de Janeiro in May 2003.

STATE SUPERVISION WORKING PARTY

Dr Bard reported that this group, founded by the late Professor Simon Fredericq, started its work with general topics concerning state supervision of insurance, mainly to assist legislators and regulators in the former socialist countries which were dismantling state insurance monopolies in favour of more open markets. Later, the group continued its work with more sensitive and more specific themes such as discrimination and regulation of intermediaries. In New York, a new project was introduced, dealing with contracting over the internet. Professor Gerrit Winter of Hamburg University gave a lecture on this topic and the working party decided to issue a questionnaire to collect information on the relevant national regulations and practice. This questionnaire will be issued shortly.

ACCUMULATION AND SUBROGATION WORKING PARTY

Dr Speyer reported that it had been of great satisfaction to have an attendance for the first time of a representative from North America. The Working Party meeting held in New York had dealt with problems of aggregation and subrogation arising from the events of 11 September 2001.

CONSUMER PROTECTION AND DISPUTE RESOLUTION WORKING PARTY

Professor Kullmann reported that the Working Party had met for the first time in New York. The group had decided to initiate a study of two issues, namely limitation and serial losses. These ideas would be further refined and questionnaires produced in conjunction with meetings in Budapest in November this year and Rio de Janeiro in 2003.

DISTRIBUTION OF INSURANCE WORKING PARTY

Gerard Kamphuisen reported that the Working Party had been set up in the wake of the previous World Congress in Marrakech, at which the topic of insurance intermediaries was examined. The Working Party had met in Budapest in 2000 and again in New York. It is currently studying the influence of the internet on the selling of insurance, especially if services are being offered by intermediaries. Outline proposals for the future work of the group and a questionnaire will be drafted. No date has been fixed for the next meeting, but members of the group plan to "meet" on the internet for the time being.

TRANSPORT AND INSURANCE WORKING PARTY

Professor Bernauw submitted a written report. He could not attend the General Assembly meeting and the report was delivered on his behalf by the Secretary General. An appeal was made for representatives from other chapters to join the Working Party. Its first project will be to draw up an inventory of international transport legislation and regulations. In addition, the group proposes to respond to the new European Union draft regulation on carriage by air.

LIABILITY FOR PRODUCT, POLLUTION AND NEW TECHNOLOGIES WORKING PARTY

Robert Hogarth reported that the Working Party had met earlier this morning in New York. Presentations had been delivered on e-Commerce and Cyber Risk. The topic for the Working Party's next study would be aspects of Genetically Modified Organisms. National Sections who had not yet done so were invited to appoint representatives to the Working Party.

PREVENTION AND INSURANCE WORKING PARTY

Dr Alarcon reported that the Working Party has been studying e-Commerce and Genetic Engineering. This work has been completed and reports are in preparation. He suggested that his working group should cooperate with the working group on liability for products, pollution and new technologies, since it was evident that the two groups were approaching the same issues from different angles.

PENSIONS WORKING PARTY

Dr de Lange reported that the Working Party worked with the International Pensions and Benefits Lawyers Association (IPEBLA) to meet in 2000 and 2001. The group has experienced problems in getting members from AIDA National Sections. Also, pensions are perhaps not of much interest to insurance lawyers and he would propose that the scope of the group be enlarged (and the name changed) to Life Insurance and Pensions. Topics had however been agreed for new studies, namely funding pensions and the use of unit trusts in life assurance.

Any Other Business

Professor Jaramillo, as the newly elected President of AIDA, addressed the General Assembly. He thanked the delegates for electing him as President and pledged to work for the ideals of AIDA and to continue to support the study and diffusion of knowledge of insurance in collaborating with all of AIDA's national sections. Professor Jaramillo pointed to the fact that he was the first President of AIDA to come from outside Europe as confirming the truly international character of our association. He paid tribute to distinguished legal scholars of the previous generation and to the newly elected members of the Presidential Council, who would be responsible for seeing to the carrying on of the work of AIDA for the next four years. Professor Jaramillo concluded by congratulating the organiser of the New York World Congress and invited National Sections to meet again at the VIIIth Congress of CILA in Rio de Janeiro in 2003 and at the XIIth World Congress of AIDA in Buenos Aires in 2006.

The Secretary General, Colin Croly, thanked Mikael Rosenmejer for his work as President over the last four years. He compared Mr Rosenmejer to a Great Dane - like the dog of that name, he was larger than life, sometimes fierce, but always loveable.