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Insurance without Borders:. International Risks, International Rewards. Insurance Without Borders Panel Members. MODERATOR : Alejandro Guerrero , Managing Director, Regional Finpro Practice Leader Marsh Latin America & Caribbean Perry Granof , Vice President & Claims Counsel Chubb & Son
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Insurance without Borders: International Risks, International Rewards Washington, D.C. ~ November 7-9, 2007
Insurance Without BordersPanel Members • MODERATOR: Alejandro Guerrero, Managing Director, Regional Finpro Practice Leader Marsh Latin America & Caribbean • Perry Granof, Vice President & Claims Counsel Chubb & Son • Arturo Perez, Senior Associate Rubio Villegas • Marc Poliquin, Regional Vice President, Financial Lines ACE Latin America
Overview • Market Trends affecting Global Risk Landscape • Jurisdiction and Limits • International Exposures • Multinational Corporations
Market Trends affecting Global Risk Landscape • Global and regional trends • Government trends and regulatoryconsiderations • Forces driving insurance products
Market Trend: International IPO Suits • Xinhua Finance Media – (XFML)
Market Trend: International IPO Suits • China Sunergy Company - (CSUN)
Market Trends Affecting Global Risk Landscape • Global and regional trends • Government trends and regulatoryconsiderations • Forces driving insurance products
Jurisdiction and Limits • Coverage • Limits • Reporting requirements • Amendatory endorsements
Jurisdiction and Limits • Admitted v. non-admitted • Ability to enforce policies • Pushing the limit of the law • Tax implications
Non-Admitted is Illegal in Latin America Countries Laws Penalties Source: AXCO
International Exposures • Professional liability risks outside the United States • Insurance products available • Public v. private • Criminal liability outside the United States (Civil Code Countries)
Multinational Corporations • Risks in various countries • Steps to setting up a Global Program • Foreign based subsidiaries • Dealing with needs and concerns of local management • Local regulations – Adequacy & Interpretations • Local Limits vs. Global Excess • Key considerations in evaluating and structuring multinational insurance
Multinational Corporations-Key Considerations • Place globally; adjust locally !! • Set down the rules and guidelines for local managements • Assure proper communication • Verify legality of program • Validate experience of advisers in local matters
Takeaways • Global trends show that foreign exposures are on the rise • Coverages and limits can be replicated but require local adjustments • Local legal requirements demand double-checking and local or regional expertise • Most programs are available in every foreign market or can be legally allowed
Takeaways • Because of the growing awareness and claims trends, it is recommended that global programs with proper guidelines and procedures be replicated whenever possible • More often than not, non-US stakeholders will attempt to file suit in the United States but good standing is somewhat difficult to obtain and judgments are not always enforceable
Thank you to … • Perry Granof • Alex Guerrero • Arturo Perez • Marc Poliquin