Insurance and Reinsurance
|
|
- Samson Singleton
- 8 years ago
- Views:
Transcription
1 October 2013
2 Insurance and Reinsurance Copyright 2013 Brigard & Urrutia Legal Information The information and materials on this Newsletter are not intended to be, nor should they be construed as constituting, a legal opinion, legal recommendation or legal advice of any kind. This Newsletter, access thereto and use thereof, and the information contained on the Newsletter, do not mean or create a lawyer-client relationship or any other type of relationship. Brigard & Urrutia and the Newsletter do not constitute the rendering of any kind of legal services. You may not and should not use the Newsletter, the Contents or the information contained as a basis or justification for drawing up legal strategies, structuring business or deciding on legal action. Under no circumstances should you consider that this Newsletter replaces a consultation with a lawyer. If you require legal advice, Brigard & Urrutia recommends that you consult a professional lawyer immediately who will study your case and give a diagnosis. Please bear in mind that the information given on this Newsletter is not exhaustive.
3 Table of Contents 1. COURT DECISIONS 4 2. ARBITRATION 8 3. LEGISLATION OTHER NEWS 14 3
4 COURT DECISIONS 4
5 The Colombian Supreme Court reiterated that the sale of the insured good produces automatic termination of the insurance policy. The Colombian Supreme Court overturned the judgment to an insurance company (called into guarantee) regarding the pecuniary damage caused by Mr. X in a traffic accident to a motorbike victim. The vehicle driven by Mr. X was property of a Company Y that had recently acquired the automobile from Mr. Z (the Company Y s legal representative). The vehicle involved in the traffic accident was insured through car insurance, taken out by the previous owner of the vehicle, Mr. Z. The insurer was called into guarantee early in the judicial process, as it was believed that the respective insurance policy was still in force. However, the Court found Mr. X and Company Y to be jointly liable, excluding the insurance company from paying any compensation. The Court held that the sale of the vehicle (the insured good) involved in the traffic accident produced the automatic termination of the insurance policy according to Colombian law. Corte Suprema, Sala de Casación Penal. Ref. Exp N M.P. Luis Guillermo Salazar Otero. January 30th The Colombian Constitutional Court reiterated the rules applicable to declaring the risk when taking out an insurance policy. The Colombian Constitutional Court did not protect the fundamental rights to human dignity, health, subsistence and the right to petition, allegedly violated by an insurance company and a financial institution. The plaintiff, a 52 year old woman, had joined a debtor s group life insurance policy (offered by the insurance company) taken out by the financial institution in order to insure the risks derived from the death and illness of its debtors. Before joining, the plaintiff had been having symptoms of a disease that generated discomfort when sleeping, diagnosed as narcolepsy - cataplexy, which did not allow the plaintiff to continue working as a teacher, and therefore, requesting compensation to the insurance company. The insurer refused to recognize and pay compensation on the grounds that when filling the insurance policy application, the plaintiff was reluctant to declare a neurological treatment she had been receiving eleven years ago. The Constitutional Court decided not to protect the fundamental rights of the plaintiff for the following main reasons: (i) the plaintiff had other legal means to seek the protection of her rights to obtain compensation and (ii) the plaintiff did not demonstrate an irreparable damage in order for the constitutional jurisdiction to apply. 5
6 Despite not having protected the rights of the plaintiff, the Constitutional Court reiterated the rules (established by the Colombian Supreme Court) applicable to declaring the risk when taking out an insurance policy. This case law has determined that once the insured has declared the symptoms and ailments that afflict it, the insurer shall, within the limits of its possibilities, make inquiries designed to determine the current state of risk, or alternatively, refuse to execute the insurance contract. However, the Constitutional Court held that even though the above obligation must be observed by the insurance company, this does not mean that the insuredbeneficiary may seek compensation by virtue of their bad faith. Corte Constitucional, Ref. Expediente T Sentencia T-268 de M.P. Jorge Iván Palacio Palacio. May 8th Payment of compensation in the judicial process has to be made to the party that called the insurance company into guarantee. The Colombian Supreme Court decided on the case of a liability process that resulted from the death of a pedestrian near a construction site. The judicial process was initiated against the construction company and its legal representative, among others. The Court examined the liability of the legal representative of the construction company, as well as the quantification of the damage occurred. The Court also analyzed the call into guarantee of an insurance company, since the construction site was insured by an insurance policy that covered the risks derived from construction and assembly. The Court held the construction company and its legal representative liable for the death of the deceased pedestrian. Since the construction company (the policyholder) called the insurer to the judicial process, the Court held that payment of compensation must be made to the policyholder. The plaintiff, who was also the daughter of the deceased pedestrian, requested the Court direct payment of compensation by the called insurer. However, the Supreme Court held that the reimbursement or payment must be made by the insurer to the caller (in this case, the construction company), but never per saltum to the beneficiary (in this case, the daughter of the deceased pedestrian). According to the Court, the legal relations involved were differentiable. The Court held that the daughter of the deceased was authorized by Article 1133 of the Colombian Commercial Code to request direct compensation within the judicial process, a legal institution that differs from calling an insurance company within the process. However, according to the Court, the plaintiff did not exercise this right, making it impossible for it to acquire compensation from the insurance company within the judicial process. Corte Suprema, Sala de Casación Civil. Ref. Exp. EXP M.P. Ruth Marina Díaz Rueda. August 8th
7 7
8 ARBITRATION 8
9 Non-enforcement of warranties by the insurer constitutes acceptance of the risk and exclusion of the insured s breach. An arbitration tribunal, convened before the Arbitration and Conciliation Center of the Bogota Chamber of Commerce, held accountable an insurance company to pay the appropriate compensation for a claim made in November 2010 by one of its policyholders. The insured had taken out an insurance policy that covered the risk of theft of its business stored goods and money. Said insurance policy contained a warranty provision stating that the insured company must set additional secured bars in the building where the stolen objects and goods were. The insured company never made the corresponding changes to the building and therefore was in breach of the policy s provision. However, throughout the execution of the insurance contract, even though the breach was of its knowledge, the insurer never mentioned the insured about such breach. After the claim, the insurance company refused to recognize and pay compensation on other grounds different than the breach of contract, and therefore did not exercise its right to terminate the insurance contract in accordance with Article 1061 of the Colombian Commercial Code. The insurer waited until the response to the complaint (within the arbitration proceedings) to exercise said power, which was, long after the breach had configured. The tribunal held that the insurance company s negligence constituted the acceptance of the risk and exclusion of the insured to comply with the warranties agreed. Additionally, the tribunal held that the insurer s behavior was an infringement of the principle of good faith, since the insurer intended (through unfair delays, until the arbitration proceedings) to terminate the insurance contract unilaterally. According to the tribunal s analysis, a right may not be exercised if the holder of said right has not enforced it in a timely manner, making the counterparty legitimately believe that said right will not be exercised. In other words, the termination of the insurance contract had to be exercised by the insurance company once it had knowledge of the insured s warranty breach. Tractochevrolet Ltda. v. Seguros Comerciales Bolívar S.A. Tribunal de Arbitramento Cámara de Comercio de Bogotá. March 4th
10 LEGISLATION 10
11 Insurance market liberalization: a reality in Colombia. In accordance with Article 101 of Law No of 2009, on July 15, 2013, provisions regarding the liberalization of the Colombian insurance market entered into force. These provisions established the following rules and guidelines: Any person (natural or legal entity) resident in Colombia, may acquire any insurance product outside of Colombian jurisdiction except (i) insurance products related to social security, (ii) compulsory insurance products, (iii) insurance products in which the policyholder, insured or beneficiary must previously demonstrate the acquisition of a compulsory or social security insurance product, and (iv) insurance products in which the policyholder, insured or beneficiary is a State entity. Foreign insurance companies may offer and provide within Colombian territory (or to its residents) insurance products associated with (i) international shipping, (ii) commercial aviation and (iii) with space launch and transportation (including satellites), that may cover the risks related to the goods being transported (as well ensuring goods in international transit), the vehicle transporting the goods, and any liability that may arise from them. These companies must be registered in the RAIMAT, established by the Colombian Superintendence of Finance by means of Circular Externa No. 019 of June 27, Foreign insurance companies may establish branches in Colombian territory, which (i) will have the same rights and obligations like Colombian insurers, (ii) must meet the same admission requirements like Colombian insurers, and (iii) will be subject to the supervision of the Colombian Superintendence of Finance. Law No of Rules applicable to insurance intermediaries that work in the field of occupational hazards (workers compensation). The Colombian Ministry of Labor established the rules applicable to insurance intermediaries that work in the field of insurance products related to occupational hazards (workers compensation). According to the Ministry s decree, the intermediation of such insurance products is legally reserved to insurance brokers, agencies and insurance agents that demonstrate their level of professionalism, operational infrastructure and human infrastructure. Said decree ordered the creation of the Registro Único de Intermediarios del Sistema de Riesgos Laborales (Single Registry of Intermediaries Pertaining to the Labor Risk System), a registry in which all intermediaries wishing to pursue such activity, must comply with professional, human and operational infrastructure requirements established by law. 11
12 As a result, occupational risk managers and employers may not hire intermediary companies that are not in said registry. The decree established a year deadline for insurance brokers, agencies and agents that wish to pursue this intermediary activity in order to accredit the requirements established above. Ministerio del Trabajo. Decreto 1637 de July 31st Pre-formulated standard contracts may contain arbitration option clause. The Colombian Ministry of Justice and Law established that the arbitration agreement may be included as an option clause in pre-formulated standard contracts. According to the Ministry s decree, the party in whose favor is granted the option to accept arbitration may accept or reject it, making it effective with the filing of the complaint before the Arbitration Center selected to resolve the disputes arising from the contract. According to said decree, acceptance of the party in whose favor is granted the option to accept arbitration shall be expressed freely, spontaneously and in no case be presumed or imposed by the sole execution of the contract. Additionally, the decree stated that the lack of acceptance at the time of execution of the contract will make the arbitration option null and void. Finally, the decree established that unless expressly stated otherwise, the term of validity of the option shall be of one (1) year. The decree s content is relevant to the insurance contract as according to Colombian law, insurance agreements fall in the category of pre-formulated standard contracts. Ministerio de Justicia y del Derecho. Artículo 80. Decreto 1829 de August 27th
13
14 OTHER NEWS 14
15 New consumer protection developments in Colombia. The Colombian Superintendence of Finance (SFC) reminded the public that it has no authority over foreign insurers and their intermediaries concluding insurance contracts with Colombian residents by virtue of insurance market liberalization measures.the following are the foreign insurers exempted from supervision according to the SFC: I. Foreign insurers registered in the RAIMAT (Registry Intended For Foreign Insurers That Want To Offer Insurance Associated With International Shipping, International Commercial Aviation And Space Launch And Transportation (including satellites)) or RAISAX (Registry of Foreign Insurance Entities and Foreign Insurance Intermediaries of Agricultural Insurance). II. Foreign insurers that conclude insurance contracts with Colombian residents in a cross border basis. The SFC has also reminded the public about consumer rights and their relation to the recent insurance market liberalization. According to the SFC, Colombian residents concluding insurance contracts abroad will not be considered financial consumers in Colombia. Additionally, the SFC established that Colombian residents buying insurance products in Colombia from registered foreign insurance companies registered in the RAIMAT and RAISAX, will not be considered financial consumers by law. According to the SFC, in both of these cases, consumer issues will be solved by the corresponding authority abroad. Superintendencia Financiera de Colombia. ABC de Liberalización. July 25th Carlos Umaña Trujillo Socio Brigard & Urrutia Lucas Fajardo Asociado Brigard & Urrutia More information: info@bu.com.co 15
16 Calle 70 A No 4 41 Tel: (+57-1) info@bu.com.co Insurance and Reinsurance Team For further information, please contact: Carlos Umaña: cumana@bu.com.co Lucas Fajardo: lfajardo@bu.com.co
ISSUES IN OWNERSHIP OF REAL ESTATE. COLOMBIA Brigard & Urrutia
ISSUES IN OWNERSHIP OF REAL ESTATE COLOMBIA Brigard & Urrutia CONTACT INFORMATION: Francisco Uribe Noguera and Santiago González Rojas Brigard & Urrutia Carrera 7 # 71-21 Torre B Piso 4 Bogotá, Colombia
More informationMexico. Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López. Von Wobeser y Sierra, S.C.
Mexico Rodolfo Trampe, Jorge Díaz, José Palomar and Carlos López Market overview 1 What kinds of outsourcing take place in your jurisdiction? In Mexico, a subcontracting regime (understood as the regime
More informationGlobal Stock Options. COLOMBIA Brigard & Urrutia Abogados
Global Stock Options COLOMBIA Brigard & Urrutia Abogados CONTACT INFORMATION: Pilar Lopez Brigard & Urrutia Abogados Calle 70A No. 4-41 Bogota, D.C. Colombia 571. 346 2011 plopezb@bu.com.co To understand
More informationGeneral Terms and Conditions for Contract Bond Insurance GTC CB
General Terms and Conditions for Contract Bond Insurance GTC CB Valid from 31 March 2012 (Version 2.2/2012) Table of Contents 1 Object and Scope of the Insurance 3 2 Liability Period 3 3 Insured Risks
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended for information and reference purposes only.
More informationSANTAM UMBRELLA LIABILITY
SANTAM UMBRELLA LIABILITY DEFINED EVENTS 1. Damages, costs, fees and expenses which the insured shall become legally liable to pay consequent upon Injury, Damage, Malice or Negligent Advice which occur
More informationContractor s Obligations and Liability when Work is Contracted Out
Contractor s Obligations and Liability when Work is Contracted Out Introduction There are many ways of combating the negative effects caused to enterprises by the grey or undeclared economy and unhealthy
More informationPart 3: Arbitration Title 1: General Provisions
Civil Procedure Code 7 Part : Arbitration Title : General Provisions Art. 5 Scope of application The provisions of this Part apply to the proceedings before arbitral tribunals based in Switzerland, unless
More informationTEXAS UNFAIR CLAIMS STATUTES AND REGULATIONS
TEXAS UNFAIR CLAIMS STATUTES AND REGULATIONS 541.060. UNFAIR SETTLEMENT PRACTICES. (a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance to engage
More informationSHIP ARREST IN PANAMA.
SHIP ARREST IN PANAMA. The Republic of Panama with its strategic geographic position, democratic and stable government, and well established maritime judicial system, fully equipped to handle all types
More informationSPAIN. The procedure that follows after an accident varies from case to case: criminal, civil or administrative proceedings, as the case may demand.
SPAIN 1. Actions to take immediately after road traffic accidents In the event of an accident involving personal injury, the police must be alerted on 091, 092 or 112. All parties involved must remain
More informationCOMPULSORY INSURANCE IN SERBIA
NATIONAL BANK OF SERBIA Insurance Supervision Department Belgrade, August 2015 COMPULSORY INSURANCE IN SERBIA 1. LAW ON COMPULSORY TRAFFIC INSURANCE (RS Official Gazette, Nos 51/2009, 78/2011, 101/2011,
More informationCo-operative Insurance Motor Legal Expenses and Legal Helpline
Co-operative Insurance Motor Legal Expenses and Legal Helpline Welcome to The Co-operative Insurance Motor Legal Expenses cover, which is included as standard as part of the Van Insurance from The Co-operative
More informationINSURANCE LAW OF THE KINGDOM OF CAMBODIA
INSURANCE LAW OF THE KINGDOM OF CAMBODIA (Adopted by the National Assembly of The Kingdom of Cambodia on 20th June,2000 at the 4 th Session, 2 nd Legislation) UNOFFICIAL TRANSLATION Prepared by RE. Dept
More informationGlobal Guide to Competition Litigation Japan
Global Guide to Competition Litigation Japan 2012 Table of Contents Availability of private enforcement in respect of competition law infringement and jurisdiction... 1 Conduct of proceedings and costs...
More information2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227
More informationLaw 2735/1999 (the Law) governs international commercial arbitration taking place in Greece. It is based on the UNCITRAL model law.
Ελλάδα Greece Europe Key points Law 2735/1999 (the Law) governs international commercial arbitration taking place in Greece. It is based on the UNCITRAL model law. There are two major arbitral bodies:
More informationMotor Legal Expenses Insurance
Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal
More informationct A Insolvency Act Insolvency ISBN 978-80-7357-681-3
Insolvency Act Insolvency Act Insolvency Act Example of quotation: Insolvency Act. Prague : Wolters Kluwer ČR, a. s., 2011, p. 216. Legal state of the publication as of 31 th August 2011. Updated version
More informationAUTO INSURANCE CLAIMS & CLAIMANTS RIGHTS
AUTO INSURANCE CLAIMS & CLAIMANTS RIGHTS NUTS & BOLTS You ve had an accident. Your vehicle is damaged. Now you are counting on insurance to help pay for the repairs... This brochure answers the most common
More informationGeneral Terms and Conditions for Pre-shipment Risk Insurance GTC P
General Terms and Conditions for Pre-shipment Risk Insurance GTC P Valid from 31 March 2012 (Version 2.2/2012) Table of Contents 1 Object and Scope of the Insurance 3 2 Liability Period 4 3 Insured Risks
More informationFIN-NET. Settling cross-border financial disputes out of court. Consumer guide
FIN-NET Settling cross-border financial disputes out of court Consumer guide FIN-NET Settling cross-border financial disputes out of court This booklet gives you information on: þ what to do if you have
More informationDebt collection in Russia
By Andrey Zelenin, Lidings Law Firm Debt collection in Russia Foreign companies doing business in Russia generally have several main options of dispute resolution to choose: (i) international commercial
More informationAUTO INSURANCE CLAIMS & RIGHTS
AUTO INSURANCE CLAIMS & RIGHTS You ve had an accident. Your vehicle is damaged. Now you are counting on insurance... to help pay for the repairs... This brochure answers the most common insurance-related
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationDomain Name Transfer Policy Change of Registrant
Domain Name Transfer Policy Change of Registrant Copyright 2010 Supreme Council of Information and Communication Technology (ictqatar) Table of Contents 1. Purpose... 4 2. Transfers of Second-Level Domain
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationBROKERAGE AGREEMENT. THIS AGREEMENT is made on BETWEEN:
BROKERAGE AGREEMENT THIS AGREEMENT is made on BETWEEN: Patria Finance, a.s., a company organized and existing under the laws of the Czech Republic, registered office: Jungmannova 745/24, 110 00 Prague
More informationKnowhow briefs Statute of limitation - EMEA comparative table
Knowhow briefs Statute limitation - EMEA comparative table Executive Summary: Because Limitation can sometimes lead to a quick and easy win; Because, your can also be barred by the effects limitation;
More informationFLORIDA PERSONAL INJURY PROTECTION
POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,
More informationOctagon Insurance Legal Expenses Policy
Octagon Insurance Legal Expenses Policy 1 2 This Octagon insurance policy is underwritten by Inter Partner Assistance SA and administered on their behalf by Arc Legal Assistance Limited. The following
More informationWork Injury Compensation Insurance (Contract)
Work Injury Compensation Insurance (Contract) Policy Wordings Please read this insurance Policy carefully to ensure that you understand the terms and conditions and that this Policy meets your requirements.
More informationand the President has proclaimed the following Law:
Unofficial translation The Saeima 1 has adopted and the President has proclaimed the following Law: THE INSURANCE CONTRACT LAW Chapter I GENERAL PROVISIONS Article 1. Definitions 1) sum insured - the amount
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationKey Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016
2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer
More informationHEADQUARTERS AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE INTERNATIONAL OLIVE COUNCIL
HEADQUARTERS AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE INTERNATIONAL OLIVE COUNCIL HEADQUARTERS AGREEMENT BETWEEN THE KINGDOM OF SPAIN AND THE INTERNATIONAL OLIVE COUNCIL HEADQUARTERS AGREEMENT BETWEEN
More informationHow To Write A Contract Between College And Independent Contractor
Independent Contractor Agreement (Long Form) This Agreement is made between Babson College ("College"), a Massachusetts non-profit corporation with a principal place of business at 231 Forest Street, Babson
More informationAn Introduction to Swiss Employment Law
An Introduction to Swiss Employment Law Law Europe EEIG Swiss Code of Obligations (OR) Contract Law Employment Contract, Articles 319-362 RA Martin Amsler c/o Grendelmeier Jenny & Partner Zollikerstr.
More information.SANDVIK DOMAIN NAME REGISTRATION POLICIES
.SANDVIK DOMAIN NAME REGISTRATION POLICIES Page 1 of 18 TABLE OF CONTENTS CHAPTER 1. Definitions, scope of application and eligibility... 3 Article 1. Definitions... 3 Article 2. Scope of application...
More informationINFORMATION ON THE RULES OF THE GENERAL GOOD
INFORMATION ON THE RULES OF THE GENERAL GOOD Introduction: This information is aimed at insurance companies from the UE Member States, as well as from the EFTA Member States the party to the European Economic
More information27 July 2006 No.152-FZ RUSSIAN FEDERATION FEDERAL LAW PERSONAL DATA. (as amended by Federal Law of 25.11.2009 No.266-FZ) Chapter 1.
27 July 2006 No.152-FZ RUSSIAN FEDERATION FEDERAL LAW PERSONAL DATA (as amended by Federal Law of 25.11.2009 No.266-FZ) Article 1. Scope of This Federal Law Chapter 1. GENERAL Adopted by The State Duma
More informationIN THE SUPREME COURT OF THE STATE OF MONTANA 2007 MT 267
DA 07-0015 IN THE SUPREME COURT OF THE STATE OF MONTANA 2007 MT 267 HOGENSON CONSTRUCTION OF NORTH DAKOTA, Plaintiff and Appellant, v. MONTANA STATE FUND, Defendant and Appellee. APPEAL FROM: District
More informationThird Parties (Rights against Insurers) Act 2010
Third Parties (Rights against Insurers) Act 2010 CHAPTER 10 CONTENTS Transfer of rights to third parties 1 Rights against insurer of insolvent person etc 2 Establishing liability in England and Wales and
More informationAppendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death
Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize
More informationPreamble. Page 1 of 5
TITLE 11. INSURANCE DEPARTMENT Chapter XI -- PREPAID LEGAL SERVICES PLANS AND LEGAL SERVICES INSURANCE Part 262. Legal Services Insurance (Regulation 162) 11 NYCRR 262.0 Preamble (a) This Part implements,
More informationSUPERINTENDENT S EMPLOYMENT CONTRACT
SUPERINTENDENT S EMPLOYMENT CONTRACT THIS CONTRACT is made this 16th day of January, 2007, between THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA ( Board ) and GARY W. NORRIS ( Superintendent or Dr. Norris
More informationTranslation from German. GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria +43 7223 / 912 78, office@mangoart.
Translation from German GENERAL TERMS AND CONDITIONS of mangoart GmbH Bräuergasse 11, 4470 Enns, Austria +43 7223 / 912 78, office@mangoart.at 1. Applicability; Conclusion of contract 1.1 mangoart GmbH
More informationIN THE SUPREME COURT OF THE STATE OF ILLINOIS
Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered
More informationLEGAL SCHEME REGULATIONS
LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.
More informationLiechtenstein Law Gazette
Liechtenstein Law Gazette 215.229.1 Year 2001 No. 128 published on 10 July 2001 Law of 16 May 2001 on Insurance Contracts (Insurance Contract Act, ICA) I hereby grant my consent to the following Resolution
More informationCross Border. Are You Ready to Do Business in the US?
Cross Border Are You Ready to Do Business in the US? Failure to carry workers compensation insurance or to otherwise meet a state s regulations can result in the employer becoming liable for the employee
More informationGeneral Terms and Conditions for Supplier Credit Insurance GTC S
General Terms and Conditions for Supplier Credit Insurance GTC S Valid from 31 March 2012 (Version 2.2/2012) Table of Contents 1 Object and Scope of the Insurance 3 2 Liability Period 3 3 Insured Risks
More informationInteractive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients
Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients This Agreement is entered into between Interactive Brokers Hong Kong Ltd ("IB") and the undersigned
More informationBiller is the person or entity to which you wish a bill payment to be directed or from which you receive electronic bills, as the case may be.
SERVICE DEFINITIONS Service means the Bill Payment Service offered by Edward Jones through Fiserv, Inc.. Agreement means the Terms and Conditions of the bill payment service. Biller is the person or entity
More informationCHAPTER ELEVEN FINANCIAL SERVICES. 1. This Chapter applies to measures adopted or maintained by a Party relating to:
CHAPTER ELEVEN FINANCIAL SERVICES ARTICLE 11.1: SCOPE AND COVERAGE 1. This Chapter applies to measures adopted or maintained by a Party relating to: financial institutions of the other Party; and cross-border
More information1. This Chapter applies to measures adopted or maintained by a Party relating to:
CHAPTER ELEVEN FINANCIAL SERVICES ARTICLE 11.1: SCOPE AND COVERAGE 1. This Chapter applies to measures adopted or maintained by a Party relating to: financial institutions of the other Party; and cross-border
More informationREPLIES OF SPANISH REPORTERS TO THE QUESTIONNAIRE ABOUT COST AND FEE ALLOCATION IN CIVIL PROCEDURE
International Academy of Comparative Law 18th World Congress Washington D.C. July 25-31, 2010 REPLIES OF SPANISH REPORTERS TO THE QUESTIONNAIRE ABOUT COST AND FEE ALLOCATION IN CIVIL PROCEDURE General
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationGeneral Terms and Conditions for Service companies
for Service companies Applicable to the provision of services and the delivery of goods by members facility companies of the listed trade association. These general conditions of sale and delivery shall
More informationASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
More informationREPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST
REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST I. INTERNATIONAL CONVENTIONS: (a) Please advise which, if
More informationAct on the Contractor s Obligations and Liability when Work is Contracted Out (1233/2006) (as amended by several Acts, including 678/2015)
Unofficial Translation Ministry of Employment and the Economy, Finland September 2015 Section 1. Objectives of the Act Act on the Contractor s Obligations and Liability when Work is Contracted Out (1233/2006)
More informationANNEX III SCHEDULE OF CHILE HEADNOTES
ANNEX III SCHEDULE OF CHILE HEADNOTES 1. Commitments in the financial services sector under Chapter 11 (Financial Services) are undertaken subject to the limitations and conditions set forth in these headnotes
More informationNEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT
NEW YORK NY GENERAL OBLIGATIONS LAW 5-1701 5-1709 TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT 5-1701. Definitions. For purposes of this title: a. "Annuity issuer" means an insurer that has issued an
More informationLAW ON ELECTRONIC TRANSACTIONS
Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity National Assembly No 20/NA Vientiane Capital, Date: 7 December 2012 (Unofficial Translation) LAW ON ELECTRONIC TRANSACTIONS
More informationCONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW -2005 UP-TO-DATE FULL TEXT ENGLISH TRANSLATION
CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW -2005 UP-TO-DATE FULL TEXT ENGLISH TRANSLATION CONTROL OF FINANCIAL SERVICES (PROVIDENT FUNDS) LAW 5765-2005 2 CONTENTS CONTROL OF FINANCIAL SERVICES
More informationCHAPTER 13. Insurance
CHAPTER 13 Insurance 291 292 CHAPTER 13 Contents 13.1 HIV testing and life insurance................................. 294 13.2 The need for insurance.......................................... 295 13.2.1
More informationSTATEMENT OF THE MAJORITY SHAREHOLDER. Ministry of Mines and Energy
GOOD GOVERNANCE CODE STATEMENT OF THE MAJORITY SHAREHOLDER Ministry of Mines and Energy Bogotá, D. C Mr. JAVIER G. GUTIERREZ President Interconexión Eléctrica Nacional S. A. ISA Medellín Dear Mr. Gutierrez,
More informationHow To Write A Letter To The European Commission On A Number Of Issues
PEOPIL The Pan-European Organisation of Personal Injury Lawyers www.peopil.com PEOPIL RESPONSE TO THE EUROPEAN COMMISSION «GREEN PAPER ON THE REVIEW OF COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTION
More informationCUBAN FOREIGN INVESTMENT LEGISLATION
CUBAN FOREIGN INVESTMENT LEGISLATION Decree Law 50 of 1982 ( Decree Law 50 ) was Cuba s first foreign investment act authorizing the formation of international joint-ventures with foreign investors. In
More informationOUTSOURCING IN LATIN AMERICA
OUTSOURCING IN LATIN AMERICA 6 Key Questions to Consider Are there any specific laws or regulations in your jurisdiction regarding outsourcing contracts? Based on legislation or case law, in your country,
More information235.1. Federal Act on Data Protection (FADP) Aim, Scope and Definitions
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Data Protection (FADP) 235.1 of 19 June
More informationICC UNIFORM RULES FOR CONTRACT BONDS
ICC UNIFORM RULES FOR CONTRACT BONDS issued as ICC publication No. 524, adopted by the ICC Executive Board on 23 April 1993, come into effect on 1 January 1994 Copyright 1993 International Chamber of Commerce.
More informationAct amending Insurance Mediation Law * )
Act amending Insurance Mediation Law * ) 19 December 2006 With the assent of the Federal Assembly, the German Federal Parliament has adopted the following Act: Article 1 Amendment of the Trade Regulations
More information13 LC 37 1568ER. Senate Bill 202 By: Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th A BILL TO BE ENTITLED AN ACT
Senate Bill 202 By: Senators Unterman of the 45th, Mullis of the 53rd and Chance of the 16th A BILL TO BE ENTITLED AN ACT 1 2 3 4 To amend Article 5 of Chapter 8 of Title 31 of the Official Code of Georgia
More information017 Fit and proper person policy statement v1.0
017 Fit and proper person policy statement v1.0 Purpose 1. The purpose of this policy statement is to provide the Board s interpretation of the term fit and proper person in Part 2.4 of the Legal Profession
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of
More information.COM.DE Domain Name Registration Policy. Version 1.1
.COM.DE Domain Name Registration Policy Version 1.1 This Policy shall apply to the Domain Contract between CentralNic Ltd. (hereinafter referred to as the Registry ) and the Registrant, who wishes to register
More informationBefore the recent passage of CRS 10-1-135, claims for subrogation
Reproduced by permission. 2011 Colorado Bar Association, 40 The Colorado Lawyer 41 (February 2011). All rights reserved. TORT AND INSURANCE LAW CRS 10-1-135 and the Changing Face of Subrogation Claims
More informationRights & Obligations under the Nebraska Workers Compensation Law
Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers
More informationAGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES. THIS AGREEMENT, effective this 20th day of April in the year, 2015, between:
AGREEMENT BETWEEN COUNTY AND CONTRACTOR FOR GOODS AND SERVICES THIS AGREEMENT, effective this 20th day of April in the year, 2015, between: MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision
More informationEmployers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.
STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CNILACTION Docket No. CV-06-404.' ~ 1\": \,.'" l,} \'}\ - / -~_..~'jl, --f'i 'j - C ~ ~, DONALD l. GARBRECHT v. ORDER LAW LIBRARY ROBERT HUTTON, et al, FEB
More informationTechnical Help Desk Terms of Service
Technical Help Desk Terms of Service This esecuritel Technical Help Desk Terms of Service (the Agreement ) is provided in connection with the eligible tablet enrolled in either the Advanced Protection
More informationGeneral District Courts
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
More informationGitLab.com Terms GITLAB.COM TERMS
GitLab.com Terms The following terms and conditions govern all use of the Gitlab.com website (the Website ) owned by GitLab B.V. and all content, services and support packages. The Website is offered subject
More informationTERMS AND CONDITIONS GOVERNING THE ISSUANCE AND USE OF BANK OF COMMERCE CREDIT CARD
TERMS AND CONDITIONS GOVERNING THE ISSUANCE AND USE OF BANK OF COMMERCE CREDIT CARD The Cardholder; by signing and/or using the BANK OF COMMERCE Credit Card, the Cardholder will be deemed to have received,
More informationPart 700 Tribal Occupational Safety and Health Administration (TOSHA)
Part 700 Tribal Occupational Safety and Health Administration (TOSHA) Section 701 Purpose and Definitions. (a) The purpose of Chapter 7 is to assure as far as possible safe and healthful working conditions
More informationCOMPULSORY THIRD PARTY LIABILITY INSURANCE
COMPULSORY THIRD PARTY LIABILITY INSURANCE CONTENTS PAGE PART I Circular no. 126/2008/TT-BTC 2 PART II Circular no. 151/2012/TT-BTC 10 1 MINISTRY OF FINANCE No. 126/2008/ TT-BTC THE SOCIALIST REPUBLIC
More informationCase 2:04-cv-02247-JWS Document 45 Filed 10/26/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Case 2:04-cv-02247-JWS Document 45 Filed 10/26/05 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA GERALD and COREY ANDERSON, Plaintiffs, CIV 04-2247 PHX JWS vs. ORDER AND OPINION [Re: Motion
More informationHow To Get A Pension In The Uk
Table of Contents Introduction... 1 Page Definitions... 1 Act of Terrorism... 1 Claim... 1 Documents... 1 Excess... 1 Inquiring Body... 1 Inquiry Costs... 1 Insured... 2 Insured Costs... 2 Insurer... 2
More informationHow To Get A Car From Saffron
www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work. Motor claims assistance In the event of a claim, experienced specialists are on hand to ensure that your
More informationSection 706. General Repeal. Al1 other acts and parts of acts are repealed in so far as they are inconsistent. No. 340 AN ACT
776 LAWS OF PENNSYLVANIA, Section 706. General Repeal. Al1 other acts and parts of acts are repealed in so far as they are inconsistent herewith. APPROVED The 17th day of July, A. D. 1961. The County Code.
More informationRoad Accident Fund Act 56 of 1996 (RAFA)
Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws
More informationMotor Vehicle Excess Protection Policy Wording
Motor Vehicle Excess Protection Policy Wording www.greeninsurancecompany.co.uk Contents Demands and Needs Statement 2 Insurer 2 What makes up this policy? 2 Changing your mind Your right to cancel 2 Definitions
More informationSUBSIDIARY LEGISLATION 386.10 COMPANIES ACT (CELL COMPANIES CARRYING ON BUSINESS OF INSURANCE) REGULATIONS
CARRYING ON BUSINESS OF INSURANCE) [S.L.386.10 1 SUBSIDIARY LEGISLATION 386.10 COMPANIES ACT (CELL COMPANIES CARRYING ON BUSINESS OF INSURANCE) REGULATIONS LEGAL NOTICE 243 of 2010. 30th April, 2010 1.
More informationDischarge 3/14/2012. Chapter 16 Performance and Discharge. 2005 Byron Lilly De Anza College. 2005 Byron Lilly De Anza College
Chapter 16 Performance and Discharge 1 Discharge A party is discharged when she has no more duties under a contract. Most contracts are discharged by full performance. That s why this chapter is called
More informationHow To Pass A Bill In The United States
S.B. SENATE BILL NO. SENATOR ROBERSON MARCH, Referred to Committee on Judiciary SUMMARY Revises provisions relating to certain civil actions involving negligence. (BDR -) FISCAL NOTE: Effect on Local Government:
More informationLaw on trading names, company names and shop signs EXPLANATION OF REASONS
Law on trading names, company names and shop signs EXPLANATION OF REASONS This law sets out the principles and criteria for taking and using the signs which serve to distinguish establishments, trading
More informationColombia Insurance day
< Picture to go here > Colombia Insurance day 6 June 2013 Lloyd s 2012 agenda 08.30 Welcome & opening remarks John Nelson 08.45 The Critical role of insurance in Colombia Roberto Junguito 09.00 Panel -
More information