David Lewin, Managing Director
Contact

In the September 2009 issue in this series, Recent Legislative and Judicial Developments in Continental Europe Affecting the Casualty Insurance Industry, we referred briefly to the ongoing discussions around the controversial topic of auditors’ liability.

Continue reading…

David Lewin, Managing Director
Contact

Facts

In November of 2005 four private cars and a tanker-truck were involved in a traffic
accident on one of two parallel bridges in Sweden. The cab and the tanktrailer overturned, landing between the bridges. About 55,000 liters (14,529.46 US gallons)
of an explosive and flammable liquid poured down between the bridges and ignited. The resulting fire caused extensive damage to the bridges.

Continue reading…

David Lewin, Managing Director
Contact

On December 12, 2008 the Norwegian Ministry of Labor submitted a white paper regarding the Industrial Injuries Insurance Act, which will replace the existing provisions on industrial injuries in the National Insurance Act (folketrygdloven) and the Industrial Injuries Insurance Act.

Continue reading…

David Lewin, Managing Director
Contact

 

Austrian Supreme Court Confirms Free Choice of Attorney in Mass Claim Actions

Most Austrian insurers include a clause in their general conditions applicable to legal expenses insurance “that entitles the insurer, where the interests of several insured persons are directed against the same opponents, to limit its performance to the bringing of test cases, or where appropriate, to collective redress or other ways of asserting legal interests by legal representatives selected by it. (1)” This type of clause was developed in response to the risks arising from mass claim actions. It is therefore referred to as the “Mass Claim Clause.”

Continue reading…

David Lewin, Managing Director
Contact

In a judgment handed down on October 27, 2009 (VI ZR 296/08) and subsequently published, the Federal High Court of Justice in Germany (Bundesgerichtshof, in the following, “High Court”) seized the opportunity to restate the basic principles of liability for athletic injury. Also, the High Court ruled on several interesting legal items generated by the existence or non-existence of insurance protection in this context.

Continue reading…

David Lewin, Managing Director
Contact

In France, construction operations are subject to tight regulations that provide for strict liability under Article 1792 ff. of the Civil Code. Under the Loi Spinetta of 1978, they are also subject to two types of compulsory insurance coverage: insurance of the construction contractor’s decennial liability (assurance de la responsabilité décennale du constructeur) and insurance of damage to the construction works (assurance des dommages à l’ouvrage). The scope of the compulsory coverage is specifically described in standard clauses that have been fixed through Ministerial Order (Arrêté). Article L. 243-8 of the French Insurance Code clearly states that any insurance policy acquired to fulfil compulsory construction insurance is expected to provide guarantees that are at least equal to coverage under the standard clauses. Any wording in a policy that does not comply with the standard clauses and is less favorable to the insured, is presumed to be invalid by the courts.

Continue reading…

David Lewin, Managing Director
Contact

The worldwide economic downturn has had a huge effect on the Dutch economy. Many companies in the Netherlands face the risk of bankruptcy. In 2009 almost 11,000 enterprises were declared bankrupt, an increase of more than 51 percent compared with 2008. A similar number of companies are expected to enter bankruptcy in 2010. An even greater number of companies will be affected as they become entwined with the insolvencies of their contractual counterparties.

Continue reading…