Posts Tagged ‘David Lewin’



May 1st, 2012

Continental European Legislative and Judicial Trends: France - Does the Prohibition of Discrimination in the Insurance Industry Conflict with the Principle of Equality?

Posted at 1:00 AM ET

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.

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May 1st, 2012

Continental European Legislative and Judicial Trends: Test-Achats Judgment of European Court - Gender Equality in Insurance Coverage in Belgium

Posted at 1:00 AM ET

David Lewin, Managing Director
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Background

Shortly before Christmas 2011, the European Commission published its guidelines for the insurance industry to help insurers implement necessary changes in light of the Court of Justice of the European Union (CJEU) judgment in the Test-Achats Case (C 239/06) of March 1, 2011. The guidelines’ publication followed a meeting of insurers with European Union (EU) Justice Commissioner Viviane Reding in September 2011.

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April 30th, 2012

Continental European Legislative and Judicial Trends, April 2012

Posted at 1:00 AM ET

David Lewin, Managing Director
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Recent Legislative and Judicial Developments in Continental Europe Affecting the Casualty Insurance Industry is the latest installment in Guy Carpenter & Company Ltd.’s (”Guy Carpenter’s”) legislative update series, designed to provide our international clients and markets with a concise overview of key trends in the Continental European legal environment. These issues have had an impact on insurers and reinsurers or are expected to have an effect in the near future.

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April 30th, 2012

Continental European Legislative and Judicial Trends: Admissibility of Third Party Liability Insurer Paying Indemnification to Insured in Austria

Posted at 1:00 AM ET

David Lewin, Managing Director
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In exceptional cases under Austrian law, a third party liability insurer may be obligated to pay an indemnification to an insured party. Such cases exist where the insured settled damages with an injured third party or where the injured third party agreed to a payment to the insured. The latter situation must be stated in a civil proceeding and has to be proven in court (OGH 30.3.2011, 7 Ob 241/10g).

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April 24th, 2012

European Countries Face Continued Challenges Adapting Local Legislation to EU Legal Requirements

Posted at 1:00 AM ET

Guy Carpenter published its semiannual report on key legislative developments in Europe affecting liability insurers and reinsurers. A number of these developments underscore the challenges in adapting local legislation and jurisprudence to European Union (EU) and international law.

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November 16th, 2011

Continental European Legislative and Judicial Trends: Swiss Supreme Court: Scope and Limitations Regarding Insurer’s Right to Use Individual Monitoring and Surveillance

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David Lewin, Managing Director
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Introduction

The use of individual surveillance technology and monitoring to avoid insurance fraud is being discussed in the casualty insurance community - not just in Switzerland but also all over the world. The most recent driver of this in Switzerland, however, is a decision made last year by the country’s supreme court.

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November 16th, 2011

Continental European Legislative and Judicial Trends: Negligent Auditor Liable to Capital Insurance Policyholder

Posted at 1:00 AM ET

David Lewin, Managing Director
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Swedish Tax Law and Capital Insurance

Under Swedish tax law, each transaction in securities, such as those involving shares and funds, triggers a 30 percent tax on profits. Consequently, capital insurance (Kapitalförsäkring) - a type of savings product - has become increasingly popular.

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November 15th, 2011

Continental European Legislative and Judicial Trends: Swedish Supreme Court Makes Final Ruling: Motor Insurance, Not Taxpayers, to Settle Road Tanker Accident Repair Bill

Posted at 1:00 AM ET

David Lewin, Managing Director
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Facts of the Case

As reported in the April 2010 issue of this series, a tanker-truck was involved in a traffic accident in November 2005 on one of two parallel bridges in Sweden. The cab and the tank trailer overturned, landing between the bridges. About 55,000 liters (14,529 U.S. gallons) of an explosive and flammable liquid poured down between the bridges and ignited. The resulting fire caused extensive damage to the bridges.

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November 15th, 2011

Continental European Legislative and Judicial Trends: Supreme Court of Spain Rules on Policyholder’s Duty of Disclosure Prior to Conclusion of Contract

Posted at 1:00 AM ET

David Lewin, Managing Director
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In a decision dated May 10, 2011 ( JUR 2011/194346), the Supreme Court of Spain ruled that a policyholder breached the duty of disclosure prior to the conclusion of a contract, even though the insurer did not submit to the policyholder any questionnaire at the time the policy was initiated. Whether this decision fits into the legal framework of the Spanish Insurance Contract Act is the subject of this article.

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