Topic: Latin American Developments

Aviation Insurance Association Annual Conference – Update

EAPD’s Mark Meyer and Brian Green are attending the Aviation Insurance Association’s Annual Conference in Vancouver, Canada.  The conference is well-attended and informative.  There were several interesting CIE sessions on Sunday, including a discussion of the criminalization of aviation accidents.  Our speaker explained that the trend is that in Europe and Latin America, investigations into accidents also often included criminal investigations, and sometimes indictments, of the pilots, flight controllers and others who were claimed to be involved in the accident. 

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U.S. Lawsuits Based Upon Foreign Toxic Tort Liability: A Growing Threat?

In July 2009 in New Castle County in the State of Delaware, three separate plaintiffs filed civil suits against E. I. Du Pont De Nemours and Company, Inc. (“DuPont”) alleging that their work at a DuPont textile plant in Mercedes, Argentina from 1961 to 2002 caused them to be exposed to and inhale asbestos fibers. 

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UK: Commercial Court Considers Follow the Settlements Clause, Allocation and Recoverability of IBNR

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd [2010] EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB.  The claims arose from losses occurring in the 1970s and 1980s which were later settled by insurers, including CX Re. 

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EAPD Launches Latin American (Re)insurance Regulatory Update Service

In speaking with our insurance and reinsurance clients, one frustration that has been consistently mentioned is the difficulty of effectively monitoring legal and regulatory developments in the various countries in Latin America.  We have therefore recently launched a Latin American (re)insurance regulatory service to assist companies in overcoming this hurdle in a cost-efficient manner. 

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