Jurisdiction: European Union

Second Annual C5 Cyber Risk & Data Protection Insurance Conference held in London on 9 October and 10 October

The second annual C5 conference was co-chaired by Ben Beeson of Lockton and Laurie Kamaiko of Edwards Wildman. The initial focus addressed the controversial questions of whether the cyber insurance market was failing to offer a meaningful solution to current day cyber risk, the struggle to remain relevant in the current business market, and whether the UK market would evolve the same as the US market, in light of the impending focus on data breaches with the upcoming European Commission’s Draft Regulation on Data Protection that is likely to impose notice requirements. 

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EU: Ban on Insurance of Tankers Carrying Iranian Oil

On 1 July 2012, a European Union (EU) ban on payment by EU-based insurers of any claims related to the shipment of oil or oil products across Iran’s borders comes into force. The ban will prevent buyers of Iranian oil from purchasing protection and indemnity (P&I) insurance in the London market. 

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EU: Proposed Solvency II Rules will Severely Hamper Investment into Europe’s Securitisation Sector, According to Survey

A survey conducted by the Association for Financial Markets in Europe (AFME), and published on 11 April 2012, suggests that the proposed Solvency II rules will dramatically reduce the willingness of insurers to invest in securitisation assets. AFME suggests that this in turn will have a negative impact on economic recovery. 

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EU: Competition Commission Progresses Review of Business Insurance Sector

The European Commission’s Directorate-General Competition (DGC) has issued further questionnaires to a number of co-insurance firms with European subsidiaries. The study, conducted by Ernst and Young, is set to further investigate competitiveness amongst European participants to the subscription market, with a particular focus on whether the automatic upward alignment in premiums is still prevalent in the subscription market. 

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EU: German High Court Allows Direct Insured to Pursue Claim for Damages Against Equitable Life Despite UK Scheme of Arrangement

On 15 February 2012, the German High Court, the Bundesgerichtshof (BGH), the final appeal court in Germany, allowed a German direct insured to pursue his claim against Equitable Life (effectively for misselling a German law insurance policy) despite a Scheme of Arrangement being effective pursuant to Part 26 of the UK Companies Act 2006. 

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EU: Solvency II Faces Possible Further Delay

On 12 January 2012, a vote by the Economic and Monetary Affairs Committee of the European Parliament on the Omnibus II Directive was delayed until 21 March 2012. When adopted, Omnibus II will make significant changes to the Solvency II Directive. The vote had previously been rescheduled from 20 December 2011 to 24 January 2012. 

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UK: Consultation on Use of Gender as a Risk Factor

In March 2011, the European Court of Justice ruled that, with effect from 21 December 2012, the use of gender as a risk factor by insurers should not result in individual differences in premiums and benefits for men and women (see our previous blog post here). The Government has expressed its disappointment with the judgment, believing that financial services providers should be allowed to make sensible decisions based on sound analysis of relevant risk factors, but is nevertheless required to implement the ECJ’s judgment. 

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