David Lewin, Managing Director
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In this issue of our latest legal update we include some intellectually stimulating insights into the interaction with EU and international law of local legislation and jurisprudence in Austria, Belgium, France, Germany, Italy, Netherlands, Norway, Poland, Spain, Sweden and Switzerland.
David Lewin, Managing Director
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Introduction
The Swiss Insurance Contract Act (Versicherungsvertragsgesetz, VVG) has been the subject of growing criticism for a number of years. In particular, the VVG does not provide for equivalence between the obligations of the insured and those of the insurer. Also, there has been deficient coordination between the VVG and the Swiss Code of Obligations (OR). As a consequence, the 100-year-old VVG is being modernized and oriented more towards the future.
David Lewin, Managing Director
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Background
A Swedish manufacturer of industrial fire protection systems sold and delivered equipment to a manufacturing company in the state of Michigan, United States. In May 2001, two employees of the U.S. company were seriously injured during working hours when they tried to extinguish a fire on company premises.
David Lewin, Managing Director
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Background
The September 2010 issue of this series covered the controversial topic of auditors’ liability, and subsequently the September 2011 issue referred to the Consolidated Text of the Accounts Audit Act of July 1, approved by Royal Legislative Decree 1/2011 (RLD 1/2011), which abrogated the Accounts Audit Act (AAA) then in force. The RLD 1/2011 has been in force since July 3, 2011. The following provides an update to the September 2010 report and expands on the issue.
David Lewin, Managing Director
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Introduction
A new regulation, the act on the Financial Liability of Public Servants for the Grave Violation of the Law (FLPS), may impact the Polish insurance market in the next few years. FLPS concerns the financial liability of public servants towards the State Treasury, the territorial government unit or other legal persons that bear liability for damages inflicted while exercising public authority. The Polish Parliament passed the act on January 20, 2011, and it became effective on May 17, 2011.
David Lewin, Managing Director
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Introduction
Motor liability insurance is legally defined as being part of general liability insurance coverages in Norway. In order to have a valid claim in Norway under the rules of general liability, three cumulative conditions must be fulfilled: a basis of liability must be established, the claimant must prove an economic loss, and such economic loss must be caused by the act that is the basis of liability. The following is a discussion about how motor liability is regulated in Norway.
David Lewin, Managing Director
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Background
Since 1980, a large number of issues from Dutch Private International Law (PIL) have been regulated by statute. Legislation established Book 10 of the Dutch Civil Code. It consists of a compilation of all relevant statutes into the “PIL Act” and includes an introductory title containing general provisions. The compilation project included a careful examination of existing provisions in light of the proposed general provisions and of case law since the individual statutes had come into force. No significant amendments were found necessary except in the title of divorce. However, the conflict-of-law acts were not consolidated in Book 10 concerning three subjects - life insurance, general insurance and unlawful acts - because the Rome I and Rome II regulations (EU regulations governing contractual and noncontractual obligations) cover these.
David Lewin, Managing Director
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Introduction and Background
The Insurance Contract Act 2008 (Versicherungsvertragsgesetz 2008, VVG 2008) became effective on January 1, 2008, and reformed the “old” VVG fundamentally. Until January 1, 2009, insurers were allowed to adapt general insurance conditions in older insurance contracts to the new VVG 2008 if the old conditions did not comply with the new act. Many insurers accepted the opportunity to adapt their old conditions, but some did not.
David Lewin, Managing Director
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EU Directive and Italian Statutory Provisions
With EU Directive n.35/2004 on Environmental Liability (ELD), the European legislator aimed to establish a harmonized legal framework based on the principle that “the polluter pays.” The main objective of ELD is to prevent and remedy environmental damage, which is defined as damage to protected species and natural habitats (nature), damage to water and damage to land (soil).
David Lewin, Managing Director
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Background
The CJEU has continually shown its commitment to fight discrimination and just took another step in that direction. In a judgment delivered on March 1, 2011, in the case of Tests-Achats (Belgian consumers association) versus Belgium, the court found that Article 5 of Council Directive 2004/113 allows member states to maintain an exemption in the insurance field from the rule of unisex premiums and benefits without a time limitation and that this exemption is incompatible with the principles established by the European Charter of Fundamental Rights (ECFR), namely equality between men and women and non-discrimination on the grounds of gender.
