SEPTEMBER 2013

AIDA working party sessions open to all

by Michael Gill, AIDA President

Several AIDA working parties will meet on September 18, just before the launch of the AILA National Conference and following meetings of the AIDA Executive and Presidential Council.

The six working party meetings will run from 9am to 1.30pm, with lunch afterwards.  The venue is Doltone House, Darling Island Wharf, Ground Floor Accenture, Google Building (opposite Star Casino) 48 Pirrama Road, Pyrmont.

The meetings are open to anyone who wants to attend and do not involve a registration fee.  Attendees are asked to complete a registration form so organisers can make decisions about room sizes and catering.

Click here for the registration form.

AIDA working party sessions program

 

Room 1

Room 2

Room 3

0900 – 1100

Reinsurance

Consumer protection and dispute resolution

Civil liability insurance

1100 – 1130

Morning tea

1130 – 1330

Climate change  & Motor insurance

Distribution of insurance products

Marine insurance

 

Session details:

 

Civil Liability Insurance Working Party

Topic: Settlements with third parties

Chair: Prof Osvaldo Contreras Strauch 

 

Climate Change and Motor Insurance Working Parties

Topics: Climate change mitigation in the transport industry

Co-chairs: Tim Hardy (UK) and Prof Sara Landini (Italy)

In this joint session, the climate change and motor insurance working parties will consider, in the context of transport, energy and insurance, initiatives by motor insurers, vehicle manufacturers and other transport, insurance and regulatory entities globally to curb emissions and mitigate climate change’s impacts. Reports from different AIDA national sections will include responses to a questionnaire assessing levels and forms of encouragement by motor insurers and others of green car use and eco-friendly driving practices and incentives.

 

Consumer Protection & Dispute Resolution Working Party

Topics: Resolving insurance disputes without resort to litigation; Australia’s Financial Ombudsman Service; Turkey’s Special Arbitration Scheme; and mediation in France.

Chair: Michael Gill

Presenters: Dr Ashley Tsacalos, on FOS Australia; Prof Dr Samim Unan (Turkey) on the German and English Ombudsman systems and Turkey’s Special Arbitration Scheme; and Prof Jerome Kullman (France) on mediation

 

Distribution of Insurance Products Working Party

Topic: European issues: the paradigm of e-intermediation and conflicts of interest in fronting insurance

Presenters: Prof Ioannis Rokas; Dr Kyriaki Noussia; and NIBA CEO Dallas Booth

The discussion will consider the dual capacity of insurance intermediaries, the double intermediary fee from the first insured, the commission/fee owed by the reinsurer, where an intermediary is the cedent’s agent, and conflicts of interest where there is dual agency. The second part of the meeting will discuss the difference between e-insurance intermediation and freedom of services of intermediaries from the European law aspect, what distinguishes the border of the online market (geographical, technological and regulatory means) and whether online provision of insurance intermediation services is antagonistic to traditional intermediation.

 

Marine Insurance Working Party

Topic: National reports on difficulties arising from recourse actions on the basis of subrogation

Speakers: Subrogation under English/Australian law - Stuart Hetherington, partner, Colin Biggers & Paisley, Sydney; Subrogation under Japanese Law - Prof Satoshi Nakaide, Waseda University; Subrogation under German law -  Prof Robert Koch, University of Hamburg; Subrogation under Taiwanese law - Gilbert Lee, Lin & Associates, Taipeh; Direct access to insurance moneys by third parties: significant developments in Australian law - Keith Bethlehem, partner, Colin Biggers & Paisley, Sydney; Offshore energy insurance, risks in Australia from an underwriter's perspective - Hiroaki Kobayashi, Melbourne chief representative, Tokio Marine & Nichido Fire Insurance Co Ltd.

 

Reinsurance Working Party

Topic: Arbitration and reinsurance regulation

Chair: Colin Croly, AIDA Secretary General

Presenters: Professor Rob Merkin, University of Exeter, UK, Consultant, Norton Rose; Dr Ozlem Gurses, senior lecturer in maritime law, University of Southampton; Mark Radford, Radford Lawyers Pty Ltd, Australia; Mark Kimberley and Tim Griffiths, HWL Ebsworth Lawyers, Australia; and Fred Hawke, Clayton Utz, Australia.

The first part of the session will deal with arbitration looking at recent case law and statutory developments that impact on whether and when reinsurance arbitral awards can and should be overturned. Debaters will then consider whether insurance and reinsurance regulation should be the same or different.
         

I invite you to register for and participate in the AIDA working parties.  This is an excellent opportunity for AILA members and others to experience the value and opportunity presented by the working parties.  They discuss current, important insurance law topics from a comparative law perspective.  They are also opportunities to meet experts from other countries and develop networks.