AIDA WORKING PARTY MEETINGS

AIDA's Presidential Council has created Working Parties for the purpose of carrying out research in specific fields of insurance law and related matters. These are not to be missed sessions as they dive deeply into their area of focus with some of the best and brightest providing commentary on these important issues.

Go to https://aidainsurance.org/working-parties for further details about AIDA Working Parties.

Further Working Party Meeting Agendas will be added to the program as details are finalised.

WORKING PARTY: CLIMATE AND CATASTROPHIC EVENTS
AIDA Chair: Tim Hardy

Overview of climate-related litigation risks for insurers: Australia/Pacific perspective, including threats to collaborative insurer action
Rebekkah Markey-Towler, University of Melbourne, Australia

Climate change and intergenerational justice: lessons from Germany's Federal Constitutional Court
Prof. Dr Oliver Brand, University of Mannheim, Germany

New Zealand: Actions/litigation, including that of the LCANZI - Lawyers for Climate Action NZ - in the context of national government climate responses and experiences
Michael Parker, Partner, Parker Cowan, Queenstown, New Zealand

Climate-related disclosure obligations and implications
Vicki Mullen, Finity Consulting, Sydney, Australia

Critical issues for insurers on development in climate-liability exposures
Jonathan Wyatt, Managing Partner, Kennedys, Perth, Australia

WORKING PARTY: DISTRIBUTION OF INSURANCE / PERSONAL LINES AND PENSIONS

AIDA Chair: Philip Hopley, Partner, Hall & Willcox

The operation of the Design and Distribution Obligations regime
Dr Rhys Bollen, Senior Executive Leader, General Insurance, Australian Securities and Investments Commission

Embedded Insurance: The Australian Perspective on a Global Insurtech Trend
Yvonne Lam, Principal, Gilchrist Connell

French perspectives on mortgage protection insurance
Professor Jerome Kullmann, Dauphine University, Paris

WORKING PARTY: REINSURANCE

AIDA Chair: Carlos Estebenet, Ozlem Gurses

Follow the fortune, is it law or principle?
Professor Satoshi Nakaide, Waseda University Japan

The aggregation of Covid-19 business interruption losses
Sushma Ananda, 7 King's Bench Walk London

Multi-layered tower risks in Australia and how that market is responding to FI and D&O (side C) claims
Keith Bethlehem, CBP Sydney

The big wind blows - on far north Queensland. The Australian Reinsurance Pool Corporation's Cyclone Reinsurance Pool is up and running
Fred Hawke, Clayton Utz Melbourne

WORKING PARTY: FINANCIAL LINES AND CYBER

Welcome and Introductory Remarks
Ray Giblett, Partner, Norton Rose Fulbright

ESG and financial lines claims in the USA
Neil Hartzell, Partner, Freeman Mathis & Gary, LLP, Boston

ESG and financial claims in Australia
Persia Navidi, Partner, Hicksons Lawyers

Coverage for Ransomware Attacks in Germany
Prof. Dr Robert Koch, University of Hamburg, Director Institute of Insurance Law

Ransomware claims in Australia
Mel Tan, Partner, Lander and Rogers
Quinton Kotze, Cyber & Technology Product Manager, Chubb Australia

Is D&O ready for the DAO? Rethinking corporate personality and responsibility
Tim Chan, Senior Associate and Insurtech Lead, Norton Rose Fulbright

WORKING PARTY: BUILDING & CONSTRUCTION INSURANCE

AIDA Chair: Laina Chan, Barrister, 2 Selborne Chambers

Managing insurance risk while building better buildings
A panel discussion on:

• Australia’s and New Zealand’s legislative and regulatory response to falling consumer confidence as a result of defective buildings; and
• The flow on effects on insurance risk and the insurance market

Kavita Deobhakta, Partner, Morgan Coakle
Chris Erfurt, Special Counsel, Clayton Utz
Myles Noble, Head of Insurer Relationships and Broker Claims, Crombie Lockwood
Aaron Sherriff, Partner, Duncan Cotterilll
Lucy Terracall, Partner, Clayton Utz
Claudia Virgona, Senior Underwriter, Professional & Financial Risks, Liberty Financial Markets

WORKING PARTY: MARINE

AIDA Chair: Professor Satoshi Nakaide

Introduction: Importance of Marine Insurance Law
Professor Satoshi Nakaide

The 'proximate' and 'remote' causes of loss
Professor Ozlem Gurses

Navigating Out of the Past
Professor Kate Lewins

The Limits of Marine Insurance Subrogation
Professor Rob Merkin KC

WORKING PARTY: DISPUTE RESOLUTION

AIDA Chair: Chris Rodd

A Fair Go - What insurance ombudsmans schemes around the world can learn from the Australian experiment with fairness
Scott Breihl, Senior Associate Turks Legal

Meditation and Arbitration in the USA - a personal perspective
Edward Currie (FDCC), Senior Partner, Currie, Johnson & Myers PA, Mississippi USA

Arbitration in Hong Kong, HKMAG and ARIAS Asia
Caroline Thomas, Consultant at Hugill & IP, Hong Kong

WORKING PARTY: EMPLOYERS LIABILITY INSURANCE
AIDA Chair: Angus Kench

AIDA Chair: Mandy Rees-Peach

Presentations from industry experts including Sarah Wood, Principal, Gilchrist Connell Lawyers

An interactive session covering issues of importance to these segments of the insurance industry.

WORKING PARTY: MOTOR AND PRINCIPLES OF INSURANCE

AIDA Chair: Professor Sara Landini, University of Florence

A panel discussion on significant issues for the motor insurance industry including green motor insurance, sustainability principles, and climate mitigation
Massimo Dotto, Partner, CMS Adonnio Ascoli & Cavasol Scamoni, Rome
Laura Opilio, Partner, CMS Adonnio Ascoli & Cavasol Scamoni, Rome
Aaron Le Marquer, Partner and Head of Policyholder Disputes, Stewarts, London

Working Party: Civil Liability Insurance
AIDA Chair: Gabriel Vivas Diez, Partner, Vivas & Uribe Lawyers

Presentation of the World database of the laws on civil liability insurance
Gabriel Vivas Diez

The civil liability of building and construction professionals in Australia
Julie Bowker, Partner, Carter Newell Lawyers

Medical malpractice and liability in Brazil
Melisa Pimenta, PMR Advogados Lawyers

The Australian liability landscape for insurance brokers
Daniel Robinson, Principal, Gilchrist Connell and Dr Robin Bowley, University of Technology Sydney

War and Conflict. The International Security Outlook and insurance implications

Session Chair: Craig Marvinney

Presenters:

• Professor Johnny Chang, CTBC Business School, Taiwan
• Christof Gaudig, Oppenhof & Partner
• Jesse McNeilly, Australia
• Martin Zapiola Guerrico, Argentina

This session will be an introduction to a wide scope of conflicts: War, Political Conflicts, Pirating, Aviation, Cyber

Insurance Response to Risk of Conflict

Session Chair: Ozlem Gurses

Presenters:

• Peter MacDonald Eggers KC, 7 King’s Bench Walk
• Professor Rob Merkin, University of Reading
• Professor Johnny Chang, CTBC Business School, Taiwan

Insurance Response to Risk of Conflict

This session will delve into a variety of topics including Coverage Issues (Marine, aviation, war risks - Exclusions), Total Losses (The concepts of actual and constructive total loss), Sue and Labour expenses, Mitigation of Losses, Business Interruption, Sanctions Prohibitions.

Conflict as the new normal

Session Chair: Craig Marvinney

Presenters:

• Martin Zapiola Guerrico, Argentina
• Peter MacDonald Eggers KC, 7 King’s Bench Walk
• Professor Rob Merkin, University of Reading
• Melissa Tan, Lander & Rogers

This session will address Lessons applied (Cyber, ransomware, terrorism, piracy), Electronic sources (Russia, North Korea, China), Physical sources (Somalia, Philippines, Mexico) and applied aspects of how these various conflicts impact insurance matters. (for example is ransomware payable/should it be?).

Conflict Wrap Up Panel

Session Chair: Ozlem Gurses

Presenters:

• Craig Marvinney, Bricker Graydon
• Martin Zapiola Guerrico, AIDA Argentina
• Peter MacDonald Eggers KC, 7 King’s Bench Walk
• Professor Rob Merkin, University of Reading
• Melissa Tan, Lander & Rogers
• Jesse McNeilly, Australia

Listen as our expert panel summarise their concluding thoughts and session takeaways.

Bearing the Risk of Climate Change - The Australian Experience

Session Chair: Chris Rodd

Presenters:

• Dallas Booth, ICA BAC, former NIBA CEO
• Michael Pennel PSM, CUO, ARPC
• Kylie Macfarlane, COO, ICA

In this session, panellists will give consideration of Australian Exposures (cyclones, floods etc) and some suggested short term risk bearing remedies and realities in the wake of the Northern Australian Insurance Inquiry and other reports.

Role of reinsurers, global lessons and other challenges

Session Chair: Tim Hardy

Presenters:

• Scott Reeves, Head of New Markets, Munich Re
• Trent Thomson, Head of Property & Casualty AP, Swiss Re
• Karl Jones, Head of Analytics and Advisory, AP, Guy Carpenter
• Dr Arjuna Dibley, Head of Sustainable Finance Hub, University of Melbourne

Panellists will consider the role and influence of reinsurance in meeting the challenges of often worsening climate and catastrophic risks; the strengths, weaknesses and problems posed by reinsurance pools and other protection gap remedies; illustrations of successes in various countries and where changes or improvements still needed; proposals and predictions for the future.

Mitigating and minimising the long term risks. Tools, products and challenges

Session Chair: Chris Rodd & Tim Hardy

Presenters:

• Kylie Macfarlane, COO, ICA
• Ryan Crompton, Risk Frontiers
• Geoff Boughton, JCU, Cyclone Station
• Prof Sara Landini, University of Florence

Welcome by session chair

Prof. Dr. Robert Koch, Chair for Civil Law and Insurance Law, University of Hamburg

ESG Up Close

Presenter:

• Alan Dayeh, Partner, Point Advisory – an ERM Group Company, Sydney

A look at ESG now, what it means, why it is important and what the future of ESG looks like.

This session will explore:

• What ESG means - its origins, how it relates to sustainable development and how it is applied
• Why ESG is important - for investors/financiers and other stakeholders, and with internationally recognised frameworks and initiatives
• What can be expected in relation to ESG looking ahead - including with respect to discharge of fiduciary duties, green washing, and evolving disclosure standards.

The Global ESG Landscape

Moderator: Professor Ricardo Peralta, Partner, Viollier & Associates

Presenters:

• UK/European speaker: Prof Adolfo Paolini, Associate Dean-Law, University of Buckingham and Consultant to Clyde & Co, London
• North American speaker: Heather Sanderson, Sanderson Law, Canada
• Australian speaker: Kate Gill-Herdman, Special Counsel, Corrs, Melbourne

This session will include a review of the regulatory regimes across Australia, NZ, UK/Europe and North America with a focus on the reach of ESG, legislative and governance framework, how to manage, regulation and enforcement.

The commercial reality of business in the ESG World

Moderator: Melanie Quixley, Principal, Barry Nilsson

Presenters:

• Customer: Nigel Jones, Insurance Manager, Aurizon
• Broker: Caitlin Carson, Victorian State Practice Leader, FINPRO, Marsh
• Insurer: Ryan Thomas, Manager, Financial Institutions and D&O, Berkshire Hathaway Speciality Insurance
• Reinsurer: Paul Lacey, Senior Underwriter, Hanover Re, Sydney

This session will explore challenges, opportunities and strategies for buying, placing, insuring and underwriting cover in the ESG world from the perspective of the customer, the broker, insurer and reinsurer.

Long term sustainability: attracting and retaining talent in the insurance industry

Session Chair: Dan Robinson

Presenters:

• Chris Mackinnon, Regional Head of Australia and New Zealand, Lloyd’s Australia
• Prue Willsford, CEO, ANZIIF
• Belinda Cohen, Chief People Officer and Organisational Consultant
  

This session will focus on issues of talent in the insurance industry. Flexible working, development and training in new flexible working conditions. Remote working. Young and old.

Closing Remarks

Melanie Quixley, Principal, Barry Nilsson

Disrupting the Industry: The increasing use of Artificial Intelligence in underwriting and claims handling

Session Chair: Cameron Roberts, Thomson Geer Lawyers

Presenter:

• Bernie Heinze, Federation of Defense & Corporate Counsel

This session will consider the increasing use of AI in underwriting and claims handling, with a unique perspective from the Northern Hemishphere.

Never hesitate to innovate: developments in insurance products and systems

Session Chair: Peggy Sharon

Presenters:

• Colin Fagen, Blue Zebra
• Professor Sara Landini, University of Florence
• Bill Hardie, Liberty Specialty Markets

This session will consider innvotive undewriting and claims systems as well as innovation in insurance products, including parametric insurance.

Soft laws to rule reinsurance: developments in the Principles of Reinsurance Contract Law

Session Chair: Peggy Sharon

Presenters:

• Professor Dr Manfred Wandt, University of Frankfurt, Germany
• Carlos Estebenet, Senior Partner at BULLÓ Abogados

This session will address the international initiative to provide the reinsurance market with transnational uniform soft laws rules, to bring transparency and legal certainty to reinsurance contracts.

Playing in the sandbox: the regulation of innovative insurance initiatives and products

Session Chair: Julie Lumbis, Steadfast

Presenters:

• Avryl Lattin, Clyde+Co
• Nigel Fellowes-Freeman, Kanopi

This session will focus on developments in th regulation of innovative insurance initiatives and products, including open insurance, sandboxes, and products designed to improve insurance capacity.