Formation and Development
The Working Party was first created under the name of the Climate Change Working Party in November 2010.
This followed the interest generated by the responses given by National Sections to the "Climate Change and Insurance Law" Questionnaire devised by Prof. Marcel Fontaine as one of the main themes at the XIII AIDA World Congress held in Paris in May 2010 and by the presentations delivered there.
In late 2016 it was decided that the title of the Working Party should be extended to its present name. The concentration upon the impact of Climate Change remains as marked as ever. The Working Party considers all types of climatic change and responses to catastrophic events regardless of cause to help inform how the insurance markets and law must evolve to serve all mitigation, adaptation and risk management and transfer concerns.
Purpose
The emphasis and greatest value of the WP's work continues to be directed upon the insurance (including reinsurance and other risk transfer methods) and the legal implications of the phenomenon of Climate Change, climatic changes and catastrophic events of all kinds across jurisdictions.
Literature on Climate Change and catastrophic events is more than abundant. Much is written on the various impacts of Climate Change on the insurance sector, but much less on the legal aspects.
Our purpose remains to try and go beyond a mere description of initiatives taken by the insurance sector, to concentrate, where possible, on their legal expression in clauses, general conditions or new types of policies, and on the new legal issues that arise, or probably will in the foreseeable future, and how these evolve over time along with other catastrophic event responses.
Projected areas of study/session topics/reports
These continue to be selected over time according to their perceived significance or suitability for comparative study. Given the vast scope of the Climate Change phenomenon and its potential legal implications different work streams or sub-groups can always be formed to concentrate energies and to accelerate progress. Some areas of importance which have already been identified include:
- Analysis of reports on Climate Change (and insurance implications) generated by governments, industry, associations, research groups etc.
- Identification/consideration of significance of legislation and other regulatory measures /protocols/ initiatives (at national, regional and international level) implemented to combat effects of Climate Change.
- Evolution of Climate Change litigation in the US and elsewhere.
- Impact of Climate Change upon traditional lines of insurance and reinsurance (and legal issues arising).
- Creation/development of new lines/types of (re)insurance and other products (and legal issues arising) and classification of certain existing products (such as weather derivatives) in the insurance/financial markets.
- Special interest topics:
i) Carbon Capture & Sequestration/Storage;
ii) Use of cat bonds/ART for weather/carbon market risks etc; and
iii) Large-scale natural hazard/pollution liability issues.
- g. Significance of climatic changes of all kinds and responses to catastrophic events of all kinds.