Flood of Change: Insurance in Times of Change Technology, Climate, Regulation

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Flood of Change: Insurance in Times of Change Technology, Climate, Regulation

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Draft Programme AIDA Association Internationale de Droit des Assurances The International Insurance Law Association VIth AIDA EUROPE CONFERENCE Flood of Change: Insurance in Times of Change Technology, Climate, Regulation VIENNA 3/4 NOVEMBER 2016 A Two-day International Insurance Law Conference In collaboration with the Austrian AIDA Chapter

PROGRAMME HIGHLIGHTS INCLUDE: Changing Landscape for Business and Lawyers in the light of New Technologies Regulatory Change, in particular, Over-Regulation Insurance in times of Climate Change Fraud the Law and what the Insurance Market faces Insurance and Litigation Funding Included in the Conference, AIDA Working Parties on: Credit and Surety, Consumer Protection and Dispute Resolution and Distribution of Insurance Products Joint Meeting The Distribution of Insurance Products by Banks: Customers' Issues and Consumers' Protection Marine Insurance - Cyber Risks and Marine Insurance Motor Insurance Reinsurance A is for Aggregation Update on the Legal Issues Arising out of the Christchurch and Chilean Earthquakes. Presenters: o Professor Rob Merkin QC, University of Exeter; Special Counsel, DLA Piper, London o Colin Peck, Partner, Weightmans, London Climate Change Further working sessions: In-House Counsel Smart Contract Management ARIAS - Appeals in Arbitration? The National Approaches o Jerome Kullman, President, AIDA, Lille o Dr Theo Langheid, BLD Bach Langheid Dallmayr, Cologne, President ARIAS Europe o Andreas Schwepcke, ARIAS Germany, Hamburg o Dr. Felix Hörlsberger, Dorda Brugger Jordis, Vienna. Full Agendas of the Working Party meetings will be placed on the Working Party s page of the AIDA website before the Conference. Keynote Address: Georg Kodek, Justice of the Austrian Supreme Court Theodoros Kokkalas, CEO, ERGO Turkey and ERGO Greece AIDA Europe is particularly grateful to the Fédération Française des Sociétés d Assurances ( FFSA) and Deutscher Verein fur Versicherungswissenschaft (DVfVW) for their annual sponsorship to AIDA Europe.

THURSDAY 3 NOVEMBER 2016 AIDA EUROPE CONFERENCE, VIENNA 08.30-12.00 CONFERENCE REGISTRATION OPENS Location: 08.45 18.00 AIDA WORKING PARTY MEETINGS 08.45 09.15 AIDA Europe General Assembly 10.00 12.00 Climate Change Working Party Chair, Tim Hardy, London Motor Insurance Working Party Chair, Peggy Sharon, Tel Aviv Reinsurance Working Party Chair, Colin Croly, London 12.00 12.30 Lunch 12.30 14.30 In-House Counsel Working Session Chair, Christian Felderer, Zurich Smart Contract Management - a Business Value Proposition by Inhouse Counsel The working session should give an insight into today s best practice contract management, by looking at two concrete examples of how (re-) insurance technical as well as general commercial contracts are efficiently and effectively designed and managed in modern companies. The focus will also be on the specific strategies applied to identifying and addressing imminent legal risks. The panel discussion will focus on the practical legal and technical issues in setting up efficient contract management and the role of inhouse counsel in this respect. 14.00 15.45 CONFERENCE REGISTRATION Location: 14.45 18.00 Credit & Surety, Consumer Protection & Dispute Resolution and Distribution of Insurance Products - Joint Session Chairs, Louis Habib Deloncle, Geneva; Kyriaki Noussia, Exeter and Pierpaolo Marano, Milan 15.00 17.00 Marine Insurance Working Party Chair, Robert Koch, Hamburg ARIAS Session Chair, Theo Langheid, Cologne Appeals in Arbitration? The National Approaches 18.00 19.30 CONFERENCE REGISTRATION

18.00 19.30 Drinks Reception All conference delegates and registered accompanying persons are welcome to attend

FRIDAY 4 NOVEMBER 2016 AIDA EUROPE CONFERENCE, VIENNA Flood of Change: Insurance in Times of Change Technology, Climate, Regulation 08.15 08.45 Registration and Coffee 08.45 09.00 Welcome Colin Croly, Chairman of the Conference and Chairman, AIDA Europe 09.00 10.00 Keynote Speakers Georg Kodek, Justice of the Austrian Supreme Court, Vienna Theodoros Kokkalas, CEO, ERGO Turkey and ERGO Greece 10.00 11.15 New Technologies Changing the Landscape for Business and Lawyers Chairman: Christian Felderer, Vice-Chairman, AIDA Europe, Zurich Panellists IT/Privacy expert for the panel - TBA Insurance law presenter Rolf Staub, General Counsel General Insurance, Zurich Insurance Ltd, Zurich Others TBA New Technology as a Business Enabler - (Presenter: TBA) New technologies enabling management of Big Data as a key business enabler Internet of Things new opportunities arising Changing Business Models CASE PRESENTATION - What is different / Change of insurance paradigms How New Technologies change the (legal) Risk Landscape (Presenter: Rolf Staub) The legal risk map. How to assess (legal) risks of New Technologies, Cyber risk assessment Impact on data protection consumer protection Changing legal perceptions. Shift of liability risks e.g. telematics moving from insurance risk to product risk (self driving cars) Regulatory impact - Need for a uniform regulatory framework for a digitalized insurance sector providing legal certainty, consent issues

Panel Discussion Changing markets: The end of (traditional) insurance? Discussion on legal risk aspects of New Technologies Changing risks changing responsibilities of inhouse counsel Recommendations / Propositions from inhouse counsel perspective 11.15 11.35 Coffee/Tea Break 11.35 12.50 Regulatory Change Chairman: Prof. Dr. Samim Unan, Legal Advisor, Istanbul Legal nature of different regulatory instruments (hard law- soft law) Over regulation Use of electronic means by the Regulator Sanctions which can be applied Total Expense Indicator in Life Insurances (from self regulation to soft law and from soft law to hard law) Speakers Professor Kerim Atamer, Istanbul Dr Ottó Csurgó, Partner, Cseri&Partners Law Offices, Budapest Professor Stefan Perner, Chair, Financial Market Law, Department of Civil Law, University of Linz, Linz TBA 12.50 14.00 Lunch 14.00 15.15 Climate Change: Insurance in Times of Climate Change Chairman: Chris Rodd, Technical Counsel, IAG Insurance (Australia), Melbourne Pricing the risk -The mechanism of evaluation, pricing and risk selection The uninsurable risk - Is there such a thing? Risk mitigation strategies - Industry working with regulators, government and semi government agencies 15.15 15.35 Tea Break

15.35 17.00 Hot Topics: Changes in the Insurance World Legal Hot Topics Chairman: Professor Rob Merkin QC, University of Exeter; Special Counsel, DLA Piper, London Fraud David Hertzell, Former Law Commissioner and Consultant to BLM Law and Mactavish, London Types of insurance fraud recognised by law Size of the fraud problem, and circumstances where encountered in practice (eg,motor accident injuries) Response of the law: what rights do insurers have after a fraudulent claim in respect of the claim itself, the policy and other policies Judicial discretion to disregard fraud Fraud claims against the assured are they treated in the same way as fraud claims by the assured Insurance and Litigation Funding Professor Rob Merkin QC 17.00 Conference Closes General rules for access to justice Does the law recognise class actions and in what circumstances? Are lawyers able to support litigation by no win no fee or similar arrangements Are litigation funders permitted to operate and, if so, regulated? Is insurance available to support claimants in their actions? If so, how does it work? Are insurance premiums recoverable if the claim succeeds? Insurance Issues Relating to Self-Driven Vehicles Paolo Rainelli, Assistant Professor Department of Management and Production Engineering, Politecnico di Torino, Turin