September 13th, 2011

New Guy Carpenter Report Examines European Legislative, Judicial Developments Impacting Casualty Insurance Sector

Posted at 1:00 AM ET

legislative2001Guy Carpenter & Company issued its latest analysis of key European legal developments affecting the casualty insurance industry.

Recent Legislative and Judicial Developments in Continental Europe Affecting the Casualty Insurance Industry was produced in cooperation with law firm Heuking Kϋhn Lϋer Wojtek and its network of legal experts across Continental Europe. The annual report examines major issues and developments in 11 jurisdictions, including:

  • European Insurance and Occupational Pensions Authority (EIOPA) - the new institutional framework for the supervision of the insurance market within the European Union
  • Austria - court decisions in civil procedure law and insurance matters
  • France - the debate over monetary compensation for the users of diabetes drug Mediator®
  • Germany - court rulings on the binding effect of liability judgment for coverage proceedings
  • Italy - the introduction of obligatory mediation in insurance
  • The Netherlands - the Dutch “Class Action (financial settlement) Act” (WCAM)
  • Norway - product liability under Norwegian law
  • Poland - the emerging market for directors and officers (D&O) liability insurance
  • Spain - court rulings on the policyholder’s duty of disclosure prior to the conclusion of a contract
  • Sweden - court decisions impacting motor insurance and capital insurance
  • Switzerland - court rulings on the scope and limitations regarding the insurer’s right to use individual monitoring and surveillance

David Lewin, Managing Director, stated, “The broad diversity of topics addressed in our latest legal update reflects the complexity of legal and jurisdictional issues facing liability insurers and reinsurers in Continental Europe. Perhaps the most interesting theme to emerge is the developing role of the state as claimant. At a time when almost all European governments are feeling financial strain, this trend may be expected to increase.”

Click here to download the full report »

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