Extract from. Études et Dossiers No Annual Liability Regimes Conference A European Perspective on Global Developments
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1 International Association for the Study of Insurance Economics Études et Dossiers Extract from Études et Dossiers No. 295 Annual Liability Regimes Conference A an Perspective on Global Developments October 2004 Rüschlikon Global Dialogue Centre, Zurich This document is free to download from The Geneva Association website, April 2005 Working Paper Series of The Geneva Association Association Internationale pour l'etude de l'economie de l'assurance The Geneva Association - General Secretariat - 53, route de Malagnou - CH-1208 Geneva Tel.: Fax: secretariat@genevaassociation.org -
2 The Geneva Association Working Paper Series Études et Dossiers appear at irregular intervals about times per year. Distribution is limited. The Études et Dossiers are the working paper series of The Geneva Association. These documents present intermediary or final results of conference proceedings, special reports and research done by The Geneva Association. Where they contain work in progress or summaries of conference presentations, the material must not be cited without the express consent of the author in question. This document is free to download from The Geneva Association website, please visit: Layout & Distribution: Valéria Kozakova & Bernadette Curty The Geneva Association - Association Internationale pour l'etude de l'economie de l'assurance
3 Asbestos, Liability, Insurance and an Diversity Nicholas Roenneberg 1. Rise and fall of asbestos industry and of asbestos related diseases 2. an diversity of legal systems and the role of tort law in the compensation of asbestos related diseases 3. Main aspects of insurance 9-1
4 Rise and fall of Asbestos consumption and manifestation of diseases asbestos consumption in 1000 metric tons manifestation of asbestos related diseases an diversity of legal systems and the role of tort law in the compensation of asbestos related diseases Asbestos victims First-party insurance Tort law Disability Workers compensation Employers Product other liabilities Insurance of the person Health 9-2
5 Intensity of tort law involvement in compensation of asbestos related diseases in an diversity of legal systems and the role of tort law in the compensation of asbestos related diseases Asbestos victims First-party insurance Tort law Disability Workers compensation Employers Product other liabilities Insurance of the person Health Liability insurance 9-3
6 Main aspects of insurance Two strategies required: Future claims run-off of old policies and future underwriting (exclusion of old exposures in new policies? of new exposures?) Diversity of market structures: UK model (stand alone policy) and continental model (part of general ) Trigger: occurrence (= exposure? = injury in fact? = manifestation?) versus claims made Aggregation: no aggregation of occupational diseases in employers insurance, ambiguity of claims series clauses ( same cause ) Separating EL-insurance: UK as model for? Hidden liabilities and silent cover: the worst solution Rise and fall of Asbestos consumption and manifestation of diseases and the trigger debate exposure principle manifestation principle asbestos consumption in 1000 metric tons manifestation of asbestos related diseases 9-4
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