Search results for: cyber liability insurance
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 760

Search results for: cyber liability insurance

730 Sustainability of Healthcare Insurance in India: A Review of Health Insurance Scheme Launched by States in India

Authors: Mohd Zuhair, Ram Babu Roy

Abstract:

This paper presents an overview of the accessibility, design, and functioning of health insurance plans launched by state governments in India. In recent years, the governments of several states in India have come forward to provide health insurance coverage for the low-income group and rural population to reduce the out of pocket expenditure (OPE) on healthcare. Different health insurance schemes have different structures and offerings which differ in the different demographic factors. This study will portray a comparative analysis of the various health insurance schemes by analyzing different offerings and finance generation of the schemes. The comparative analysis will explain the lesson to be learned from these schemes and extend the existing knowledge of the health insurance in India. This would help in recognizing tension between various drivers and identifying issues pertaining to the sustainability of health insurance schemes in India.

Keywords: health insurance, out of pocket expenditure, universal healthcare, sustainability

Procedia PDF Downloads 215
729 An Examination of Criminology and Cyber Crime in Contemporary Society

Authors: Uche A. Nnawulezi

Abstract:

The evolving global environment has as of late seen formative difficulties bordering on cyber crime and its attendant effects. This paper looks at what constitutes an offense of cyber crime under the tenets of International Law as no nation can lay bona-fide claim in managing cyber crime as a criminal phenomenon. Therefore, there has been a plethora of ideological, conceptual and mental propositions of policies aimed at domesticating cyber crimes – an international crime. These policies were as a result of parochial consideration and social foundations which negate the spirit of internationally accepted procedures. The study also noted that the non-domestication of cyber crime laws by most countries has led to an increase in cyber crimes and its attendant effects have remained unabated. The author has pointed out emerging international rules as a panacea for a sustainable cyber crime-free society. The paper relied on documentary evidence and hence scooped much of the data from secondary sources such as text books, journals, articles and periodicals and more so, opinion papers, emanating from international criminal court. It concludes that the necessary recommendations made in this paper, if fully adopted, shall go a long way in maintaining a cyber crime-free society. Ultimately, the domestic and international law mechanisms capable of dealing with cyber crime offenses should be expanded and be made proactive in order to deal with the demands of modern day challenges.

Keywords: criminology, cyber crime, domestic law, international law

Procedia PDF Downloads 170
728 Origins of Strict Liability for Abnormally Dangerous Activities in the United States, Rylands v. Fletcher and a General Clause of Strict Liability in the UK

Authors: Maria Lubomira Kubica

Abstract:

The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.

Keywords: Rylands v. Fletcher, strict liability, dangerous activities, general clause

Procedia PDF Downloads 286
727 Civil Liability for Digital Crimes

Authors: Pál Mészáros

Abstract:

The aim of this research topic is to examine civil law consequences caused by crimes committed in the digital space. During the commission of certain crimes, not only the rights of one person are violated, but also the rights of an entire institution, for example, if the information system of a university is attacked. The consequences of these crimes committed in the digital space may also be that the victim himself is liable to other third parties, for example, in the event that health data comes into the possession of unauthorized persons, and it can be proved that the service provider's IT system was inadequate. An interesting question may also be the civil liability of credit institutions if someone becomes a victim of fraud but is not expected from him/her to notice the fraud. In such a case, the liability of the credit institution may arise if they do not respond in time in the case of unauthorized bank transactions. Based on the above, the main topic of the research is the civil liability of the victim, or another person or company related to the victim in the case of damages caused by crimes.

Keywords: civil liability, digital crimes, transfer of responsibility, civil law

Procedia PDF Downloads 46
726 ISIS after the Defeat of the Islamic Caliphate: The Rise of Cyber-Jihad

Authors: Spyridon Plakoudas

Abstract:

After the capture of Al-Raqqah and the defeat of the short-lived Islamic Caliphate in 2017, everyone predicted the end of ISIS. However, ISIS proved far more resilient than initially thought. The militant group quickly regrouped from its defeat and started a low-intensity guerrilla campaign in central Iraq (near Kirkuk and Mosul) and north-eastern Syria (near Deir ez-Zorr). At the same time, ISIS doubled down on its cyber-campaign; actually, ISIS is as active on the cyber-domain as during the peak of its power in 2015. This paper, a spin-off paper from a co-authored book on the Syrian Civil War (due to be published by Rowman and Littlefield), intends to examine how ISIS operates in the cyber-domain and how this "Cyber-Caliphate" under re-construction is associated with its post-2017 strategy. This paper will draw on the discipline of War Studies (with an emphasis on Cyber-Security and Insurgency / Counter-Insurgency) and will benefit from the insights of interviewed experts on the field (e.g., Hassan Hasssan). This paper will explain how the successful operation of ISIS in the cyber-space preserves the myth of the “caliphate” amongst its worldwide followers (against the odds) and sustains the group’s ongoing insurgency in Syria and Iraq; in addition, this paper will suggest how this cyber-threat can be countered best.

Keywords: ISIS, cyber-jihad, Syrian Civil War, cyber-terrorism, insurgency and counter-insurgency

Procedia PDF Downloads 109
725 Historical Metaphors in Insurance: A Journey

Authors: Anjuman Antil, Anuj Kapoor, Neha Saini

Abstract:

Purpose: The purpose of this paper is to study the evolution of insurance in India and the world. The paper also traced the historical basis of life insurance in the world and how it emerged as a major sector in India’s economy. The promotional strategies and distribution channel of top three companies in the Indian insurance sector are also discussed. Design/methodology/approach: The paper examined the secondary data which includes the reports issued by Insurance Regulatory Authority of India, websites of companies, books, and journals relevant to the study. Findings: The paper argued the role and importance of insurance in an emerging economy. The challenges and opportunities of the insurance sector are briefed out. The emerging areas in the insurance sector in terms of promotional strategies and distribution channel are also listed. Implications: The historical evolution can be studied by companies while formulating their strategies. It will help them analyse the insurance sector, how things have changed and how to change with the changing times. Originality/value: This paper gives comprehensive data regarding the background of the insurance sector. Along with historical perspective, marketing and distribution, current and future trends have been discussed.

Keywords: insurance, evolution, life insurance, marketing, distribution channels

Procedia PDF Downloads 217
724 Examining Cyber Crime and Its Impacts on E-Banking in Nigeria

Authors: Auwal Nata'ala

Abstract:

The Information and Communication Technology (ICT) has had impacts in almost every area human endeavor. From business, industries, banks to none profit organizations. ICT has simplified business process such as sorting, summarizing, coding, updating and generating a report in a real-time processing mode. However, the use of these ICT facilities such as computer and internet has also brought unintended consequences of criminal activities such as spamming, credit card frauds, ATM frauds, phishing, identity theft, denial of services and other related cyber crimes. This study sought to examined cyber-crime and its impact on the banking institution in Nigeria. It also examined the existing policy framework and assessed the success of the institutional countermeasures in combating cyber crime in the banking industry. This paper X-ray’s cyber crimes, policies issues and provides insight from a Nigeria perspective.

Keywords: cyber crimes, e-banking, policies, ICT

Procedia PDF Downloads 394
723 A Systematic Approach for Analyzing Multiple Cyber-Physical Attacks on the Smart Grid

Authors: Yatin Wadhawan, Clifford Neuman, Anas Al Majali

Abstract:

In this paper, we evaluate the resilience of the smart grid system in the presence of multiple cyber-physical attacks on its distinct functional components. We discuss attack-defense scenarios and their effect on smart grid resilience. Through contingency simulations in the Network and PowerWorld Simulator, we analyze multiple cyber-physical attacks that propagate from the cyber domain to power systems and discuss how such attacks destabilize the underlying power grid. The analysis of such simulations helps system administrators develop more resilient systems and improves the response of the system in the presence of cyber-physical attacks.

Keywords: smart grid, gas pipeline, cyber- physical attack, security, resilience

Procedia PDF Downloads 290
722 Producer’s Liability for Defective Medical Devices in Light of Council Directive 85/374/EEC

Authors: Vera Lúcia Raposo

Abstract:

Medical devices are products used for medical purposes and aimed to operate in the human body, sometimes even inside the human body. Therefore, they can become particularly risky products, and some of the injuries caused by medical devices can have serious effects on the person’s health or body, even leading to death. Because they fit in the category of 'products' as described in Article 2 of Council Directive 85/374/EEC of 25 July 1985, concerning liability for defective products, the liability of the manufacturer of medical devices follows the rules of strict liability as long as one of the defects covered by the directive is at stake. The directive is not concerned with the product’s efficiency, but instead with the product’s safety, although in what regards medical devices (the same being valid for drugs) the two concepts frequently go together, and a lack of efficiency can result in a lack of safety. In the particular case of medical devices, the most debatable defects are the ones related with erroneous or non-existing information and the so-called development defects. This paper analyses how directive 85/374/EEC applies to medical devices, which defects are covered by its regulation, and which criteria can be used to evaluate the product’s safety. Some issues are still to be clarified, even though the decisions from the European Court of Justice and from national courts are valuable tools to understand the scope of directive 85/374/EEC in what regards medical devices.

Keywords: medical devices, producer’s liability, product safety, strict liability

Procedia PDF Downloads 297
721 Cyber Supply Chain Resilient: Enhancing Security through Leadership to Protect National Security

Authors: Katie Wood

Abstract:

Cyber criminals are constantly on the lookout for new opportunities to exploit organisation and cause destruction. This could lead to significant cause of economic loss for organisations in the form of destruction in finances, reputation and even the overall survival of the organization. Additionally, this leads to serious consequences on national security. The threat of possible cyber attacks places further pressure on organisations to ensure they are secure, at a time where international scale cyber attacks have occurred in a range of sectors. Stakeholders are wanting confidence that their data is protected. This is only achievable if a business fosters a resilient supply chain strategy which is implemented throughout its supply chain by having a strong cyber leadership culture. This paper will discuss the essential role and need for organisations to adopt a cyber leadership culture and direction to learn about own internal processes to ensure mitigating systemic vulnerability of its supply chains. This paper outlines that to protect national security there is an urgent need for cyber awareness culture change. This is required in all organisations, regardless of their sector or size, to implementation throughout the whole supplier chain to support and protect economic prosperity to make the UK more resilient to cyber-attacks. Through businesses understanding the supply chain and risk management cycle of their own operates has to be the starting point to ensure effective cyber migration strategies.

Keywords: cyber leadership, cyber migration strategies, resilient supply chain strategy, cybersecurity

Procedia PDF Downloads 222
720 Cybercrimes in Nigeria: Its Causes, Effects and Solutions

Authors: Uzoma Igboji

Abstract:

Cybercrimes involves crimes committed on the internet using the computer as a tool or targeted victim. In Nigeria today, there are many varieties of crimes that are committed on the internet daily, some are directed to the computers while the others are directed to the computer users. Cyber terrorism, identity theft, internet chat room, piracy and hacking are identified as types of cyber crimes. Usually, these crimes are perpetrated in forms of like sending of fraudulent and bogus financial proposals from cyber crimes to innocent internet users. The increasing rates of cyber crimes have become strong threats to the society, organizations and country’s reputation, E-commerce growth, denial of innocent Nigerian opportunity abroad and reduced productivity. This study identified some of the causes of cybercrimes to include urbanization, high rate of unemployment, corruption, easy accessibility to internet and weak implementation of cyber crimes in Nigeria. Therefore, internet users should inculcate the habit of continuously updating their knowledge about the ever changing ICTs through this, they can be well informed about the current trends in cybercrimes and how the cybercrimes carryout their dubious activities. Thus, how they can devise means of protecting their information from cyber criminals. Internet users should be security conscious at all times .Recommendations were proposed on how these crimes can be minimized if not completely eradicated.

Keywords: cyber-crimes, cyber-terrorism, cyber-criminals, Nigeria

Procedia PDF Downloads 507
719 Artificial Intelligence and Liability within Healthcare: A South African Analysis

Authors: M. Naidoo

Abstract:

AI in healthcare can have a massive positive effect in low-resource states like South Africa, where patients outnumber personnel greatly. However, the complexity and ‘black box’ aspects of these technologies pose challenges for the liability regimes of states. This is currently being discussed at the international level. This research finds that within the South African medical negligence context, the current common law fault-based inquiry proves to be wholly inadequate for patient redress. As a solution to this, this research paper culminates in legal reform recommendations designed to solve these issues.

Keywords: artificial intelligence, law, liability, policy

Procedia PDF Downloads 93
718 Legal Doctrine on Rylands v. Fletcher: One more time on Feasibility of a General Clause of Strict Liability in the UK

Authors: Maria Lubomira Kubica

Abstract:

The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.

Keywords: abnormally dangerous activities, general clause, Rylands v. Fletcher, strict liability

Procedia PDF Downloads 190
717 Cybercrime Stage Based Intervention: Through the Eyes of a Cyber Threat Actor

Authors: Jonathan W. Z. Lim, Vrizlynn L. L. Thing

Abstract:

Cybercrimes are on the rise, in part due to technological advancements, as well as increased avenues of exploitation. Sophisticated threat actors are leveraging on such advancements to execute their malicious intentions. The increase in cybercrimes is prevalent, and it seems unlikely that they can be easily eradicated. A more serious concern is that the community may come to accept the notion that this will become the trend. As such, the key question revolves around how we can reduce cybercrime in this evolving landscape. In our paper, we propose to build a systematic framework through the lens of a cyber threat actor. We explore the motivation factors behind the crimes and the crime stages of the threat actors. We then formulate intervention plans so as to discourage the act of committing malicious cyber activities and also aim to integrate ex-cyber offenders back into society.

Keywords: crime motivations, crime prevention, cybercrime, ex-cyber criminals

Procedia PDF Downloads 118
716 Multivariate Dependent Frequency-Severity Modeling of Insurance Claims: A Vine Copula Approach

Authors: Islem Kedidi, Rihab Bedoui Bensalem, Faysal Manssouri

Abstract:

In traditional models of insurance data, the number and size of claims are assumed to be independent. Relaxing the independence assumption, this article explores the Vine copula to model dependence structure between multivariate frequency and average severity of insurance claim. To illustrate this approach, we use the Wisconsin local government property insurance fund which offers several insurance protections for motor vehicles, property and contractor’s equipment claims. Results show that the C-vine copula can better characterize the multivariate dependence structure between frequency and severity. Furthermore, we find significant dependencies especially between frequency and average severity among different coverage types.

Keywords: dependency modeling, government insurance, insurance claims, vine copula

Procedia PDF Downloads 184
715 Liability Aspects Related to Genetically Modified Food under the Food Safety Legislation in India

Authors: S. K. Balashanmugam, Padmavati Manchikanti, S. R. Subramanian

Abstract:

The question of legal liability over injury arising out of the import and the introduction of GM food emerges as a crucial issue confronting to promote GM food and its derivatives. There is a greater possibility of commercialized GM food from the exporting country to enter importing country where status of approval shall not be same. This necessitates the importance of fixing a liability mechanism to discuss the damage, if any, occurs at the level of transboundary movement or at the market. There was a widespread consensus to develop the Cartagena Protocol on Biosafety and to give for a dedicated regime on liability and redress in the form of Nagoya Kuala Lumpur Supplementary Protocol on the Liability and Redress (‘N-KL Protocol’) at the international context. The national legal frameworks based on this protocol are not adequately established in the prevailing food legislations of the developing countries. The developing economy like India is willing to import GM food and its derivatives after the successful commercialization of Bt Cotton in 2002. As a party to the N-KL Protocol, it is indispensable for India to formulate a legal framework and to discuss safety, liability, and regulatory issues surrounding GM foods in conformity to the provisions of the Protocol. The liability mechanism is also important in the case where the risk assessment and risk management is still in implementing stage. Moreover, the country is facing GM infiltration issues with its neighbors Bangladesh. As a precautionary approach, there is a need to formulate rules and procedure of legal liability to discuss any kind of damage occurs at transboundary trade. In this context, the proposed work will attempt to analyze the liability regime in the existing Food Safety and Standards Act, 2006 from the applicability and domestic compliance and to suggest legal and policy options for regulatory authorities.

Keywords: commercialization, food safety, FSSAI, genetically modified foods, India, liability

Procedia PDF Downloads 338
714 Cyber-Bullying Beyond Parental Control in High Schools

Authors: Eke Chidi Idi

Abstract:

School violence is a global phenomenon that affects one of the core institutions of modern society to some degree across many countries, and on a global scale. Within this context, this study explores the impact of parental control on perpetrators of cyber bullying as a form of school-based violence in high schools in uMgungundlovu district of KwaZulu-Natal province in South Africa. Insights for this study were drawn from 18 in-depth interviews and two (2) focus group forums. The key themes that emerged from the findings include: (1) Parents are ignorant of their children involvement in cyber-crimes (2) Parents cannot adequately monitor what their children do on their cell phones (3) Female learners are the most affected as victims of cyber-crime.

Keywords: school, violence, parental control, cyber bullying

Procedia PDF Downloads 136
713 Common Laws Principles: A Way to Solve Global Environmental Change

Authors: Neelam Kadyan

Abstract:

Global environmental change is happening at an alarming rate in the present world. Floods, Tsunamis’, Avalanches, Change in Weather patterns, Rise in sea temperature, Landslides, are only few evidences of this change. To regulate such alarming growth of global change in environment certain regulatory system or mechanism is required. Nuisance,negligence,absolute liability,strict liability and trespass are some of the effective common law principles which are helpful in environmental problems. What we need today is sufficient law and adequate machinery to enforce the legal standards. Without law environmental standards cannot be enforced and once again there is need to adopt the common law approach in solving the problem of environmental change as through this approach the affected person can get compensation and as the same time it puts check on wrongdoer.

Keywords: global environmental problems, nuisance, negligence, trespass, strict liability, absolute liability

Procedia PDF Downloads 549
712 Organizational Mortality of Insurance Organizations under the Conditions of Environmental Changes

Authors: Erdem Kirkbesoglu, A. Bugra Soylu, E. Deniz Kahraman

Abstract:

The aim of this study is to examine the effects of some variables on organizational mortality of the Turkish insurance industry and calculate the carrying capacities of Turkish insurance industry according to cities and regions. In the study, organizational mortality was tested with the level of reaching the population's carrying capacity. The findings of this study show that the insurance sales potentials can be calculated according to the provinces and regions of Turkey. It has also been proven that the organizations that feed on the same source will have a carrying capacity in the evolutionary process.

Keywords: insurance, carrying capacity, organizational mortality, organization

Procedia PDF Downloads 260
711 A Comparative Study of Insurance Policies Worldwide in Public Private Partnerships

Authors: Guanqun Shi, Xueqing Zhang

Abstract:

The frequent occurrence of failures in PPP projects which caused great loss has raised attention from the government as well as the concessionaire. PPPs are complex arrangements for its long operation period and multiple players. Many types of risks in PPP projects may cause the project fail. The insurance is an important tool to transfer the risks. Through a comparison and analysis of international government PPP guidelines and contracts as well as the case studies worldwide, we have identified eight main insurance principles, discussed thirteen insurance types in different stages. An overall procedure would be established to improve the practices in PPP projects.

Keywords: public private partnerships, insurance, contract, risk

Procedia PDF Downloads 265
710 Impact of Brexit on the Structure of the European Insurance Market: A Solvency and Financial Condition Report Content Analysis of UK Insurance Companies

Authors: Antonia Müller, Svend Reuse

Abstract:

The Brexit referendum in June 2016 led to different publications analysing potential consequences for European and British insurance companies under the European Passport. This study addresses a research gap, regarding the measures taken by insurance companies based in the United Kingdom and thus on structural changes to the European insurance market by an innovative structured Solvency and Financial Condition Report content analysis. In scope are all insurance companies based in the United Kingdom, that fall under the Solvency II supervisory regime. The results show that the majority of British Solvency II insurance companies in scope, conducting cross-border business to the European Union, have applied and reported measures to be able to continue operating this cross-border business after Brexit. In addition, the study shows that 34 new insurance companies based in the European Union were established as a result of Brexit, indicating structural changes to the European insurance market.

Keywords: brexit, europe, insurance market, solvency and financial condition repot, structural changes

Procedia PDF Downloads 184
709 An Approach to Practical Determination of Fair Premium Rates in Crop Hail Insurance Using Short-Term Insurance Data

Authors: Necati Içer

Abstract:

Crop-hail insurance plays a vital role in managing risks and reducing the financial consequences of hail damage on crop production. Predicting insurance premium rates with short-term data is a major difficulty in numerous nations because of the unique characteristics of hailstorms. This study aims to suggest a feasible approach for establishing equitable premium rates in crop-hail insurance for nations with short-term insurance data. The primary goal of the rate-making process is to determine premium rates for high and zero loss costs of villages and enhance their credibility. To do this, a technique was created using the author's practical knowledge of crop-hail insurance. With this approach, the rate-making method was developed using a range of temporal and spatial factor combinations with both hypothetical and real data, including extreme cases. This article aims to show how to incorporate the temporal and spatial elements into determining fair premium rates using short-term insurance data. The article ends with a suggestion on the ultimate premium rates for insurance contracts.

Keywords: crop-hail insurance, premium rate, short-term insurance data, spatial and temporal parameters

Procedia PDF Downloads 27
708 By-Line Analysis of Determinants Insurance Premiums : Evidence from Tunisian Market

Authors: Nadia Sghaier

Abstract:

In this paper, we aim to identify the determinants of the life and non-life insurance premiums of different lines for the case of the Tunisian insurance market over a recent period from 1997 to 2019. The empirical analysis is conducted using the linear cointegration techniques in the panel data framework, which allow both long and short-run relationships. The obtained results show evidence of long-run relationship between premiums, losses, and financial variables (stock market indices and interest rate). Furthermore, we find that the short-run effect of explanatory variables differs across lines. This finding has important implications for insurance tarification and regulation.

Keywords: insurance premiums, lines, Tunisian insurance market, cointegration approach in panel data

Procedia PDF Downloads 174
707 Knowledge Based Liability for ISPs’ Copyright and Trademark Infringement in the EU E-Commerce Directive: Two Steps Behind the Philosophy of Computing Mind

Authors: Mohammad Sadeghi

Abstract:

The subject matter of this article is the efficiency of current knowledge standard to afford the legal integration regarding criteria and approaches to ISP knowledge standards, to shield ISP and copyright, trademark and other parties’ rights in the online information society. The EU recognizes the knowledge-based liability for intermediaries in the European Directive on Electronic Commerce, but the implication of all parties’ responsibility for combating infringement has been immolated by dominating attention on liability due to the lack of the appropriate legal mechanism to devote each party responsibility. Moreover, there is legal challenge on the applicability of knowledge-based liability on hosting services and information location tools service. The aim of this contribution is to discuss the advantages and disadvantages of ECD knowledge standard through case law with a special emphasis on duty of prevention and constructive knowledge role on internet service providers (ISP s’) to achieve fair balance between all parties rights.

Keywords: internet service providers, liability, copyright infringement, hosting, caching, mere conduit service, notice and takedown, E-commerce Directive

Procedia PDF Downloads 504
706 An Assessment of the Extent and Impact of Motor Insurance Fraud Claims in Nigeria

Authors: Olatokunbo Shoyemi, Mario Brito, Ian Dawson

Abstract:

In recent times, the Nigerian motor insurers have experienced high volume of motor insurance claim pay-outs and insignificant contribution to the net premium income of the Nigerian insurance market, which has been a major concern for the shareholders/stakeholders. It has been argued that there are many factors that have brought about these concerns. However, anecdotal evidence (ongoing debates among industry practitioners) suggests prevalence of fraud due to poor practices in motor insurance business in Nigeria. This study is therefore aimed to carry out an assessment of fraud in motor insurance claims as perceived by experts in the Nigerian insurance market. This study adopted a descriptive research design, and the analysis was built on a survey among insurance experts in Nigeria using a designed questionnaire. A purposive and snowball sampling were used to select our sample (N = 120) - representing a selection of all professionally qualified insurance experts in Nigeria insurance industry. The study found that Nigerian insurance experts (i) largely agree that there is a problematic level of fraud in the Nigerian motor insurance industry; (ii) perceive soft fraud to be about 3 times more common than hard fraud in the Nigerian motor insurance industry, and (iii) strongly agree there are problematic impacts from fraud on the solvency of the Nigerian motor insurers. This paper has provided an empirical understanding of the existence, extent, and impact of fraud risks within the Nigerian insurance market based on expert knowledge and insights rather than, as has often been the case, a reliance on individual anecdotes.

Keywords: claims, net premium income, motor insurance, soft fraud, hard fraud

Procedia PDF Downloads 90
705 Making Sense of Cyber Pornography among Young Adult Couples

Authors: Marianne Lumacang, Jessarine Dultra, Joana Fenol

Abstract:

Filipinos are known to be conservative, sex or pornography is not discussed openly in the Philippines, topic of sex, when raised, will most likely elicit snickers, jokes, and blushes in most Filipino or expressions of disgust. However, a lot of Filipinos are still engaging into this kind of activity for some reasons. The study aims to determine young adult’s point of view about cyber pornography viewing, as well as their reasons for engagement, and its effects on them and their relationship with their partner. Interpretative Phenomenological Analysis was used to explore how young adults make sense of cyber pornography viewing. The study focused on Filipino young adults who are in a romantic or married relationship, engage in cyber pornography viewing, and currently residing in Cavite, Philippines. A total of four young adult couples, four females and four males participated in the study as research participants. Data gathered from a total of four young adult couples resulted to a total of nine superordinate themes focusing on (1) exploring young adult couple’s rationales for cyber pornography viewing, (2) experiences of positive effects in engaging to cyber pornography viewing, (3) experiences of negative effects in engaging to cyber pornography viewing, (4) experience of infidelity, (5) experience of necessity, (6) females perception about cyber pornography viewing towards self, (7) males perception about cyber pornography viewing towards self, (8) males perception about cyber pornography viewing towards romantic partner, and (9) males perception about cyber pornography viewing towards others.

Keywords: cyberpornography, Filipino, interpretative phenomenological analysis, making sense of cyberpornography, young adult

Procedia PDF Downloads 295
704 Agro-Insurance and Farming Development Opportunities in Georgia

Authors: Tamar Lazariashvili

Abstract:

Introduction: The agro-insurance has great importance for agricultural development in the country. In the article, the insurance market of the Georgian agricultural sector has been studied, the level of interest of farmers with insurance products and the trend of demand for those products are revealed; also, the importance of insurance is substantiated. Methodology: The following research methods are applied in the presented paper: statistical (selection, grouping, observation, trend) and qualitative research (in-depth interview with farmers). They claim that the main reason for aggravation is the low level of trust, less awareness about the conditions of the insurance contract. In order to eradicate distrust towards agro-insurance, it is recommended to increase awareness of insured farmers in terms of an insurance agreement. In the case of disputable issues between insurance companies and the customers (farmers), it is advisable to enact the Mediation Service, which will be able to protect the rights of insured farmers. Main Findings: Insurance companies prefer to deal with large farmers, the number of them is very small in Georgia as the credit market. The government interference in this sector is also a very cautious topic. However, the government can strengthen the awareness of farmers about the characteristics and advantages of the insurance system in order to increase the number of insured and reduce insurance premiums for farmers. Conclusion: Enactment of agro-insurance will increase the interest and confidence of financial institutions in the farming sector, financial resources will be accessible to the farmers that will facilitate the stable development of the sector in the country. The size of the agro-insurance market in the country should be increased, and the new territories should be covered. The State must have an obligation to ensure the risk of farmers and subsidize insurance companies. Based on the analysis of the insurance market, the conclusions on agro-insurance issues and the relevant recommendations are proposed.

Keywords: Agro-insurance, agricultural product, Agro-market, farming

Procedia PDF Downloads 103
703 Risk Management of Natural Disasters on Insurance Stock Market

Authors: Tarah Bouaricha

Abstract:

The impact of worst natural disasters is analysed in terms of insured losses which happened between 2010 and 2014 on S&P insurance index. Event study analysis is used to test whether natural disasters impact insurance index stock market price. There is no negative impact on insurance stock market price around the disasters event. To analyse the reaction of insurance stock market, normal returns (NR), abnormal returns (AR), cumulative abnormal returns (CAR), cumulative average abnormal returns (CAAR) and a parametric test on AR and on CAR are used.

Keywords: study event, natural disasters, insurance, reinsurance, stock market

Procedia PDF Downloads 370
702 Imposing Personal Liability on Shareholder's/Partner's in a Corporate Entity; Implementation of UK’s Personal Liability Institutions in Georgian Corporate Law: Content and Outcomes

Authors: Gvantsa Magradze

Abstract:

The paper examines the grounds for the imposition of a personal liability on shareholder/partner, mainly under Georgian and UK law’s comparative analysis. The general emphasis was made on personal responsibility grounds adaptation in practice and presents the analyze of court decisions. On this base, reader will be capable to find a difference between the dogmatic and practical grounds for imposition personal liability. The first chapter presents the general information about discussed issue and notion of personal liability. The second chapter is devoted to an explanation the concept – ‘the head of the corporation’ to make it clear who is the subject of responsibility in the article and not to remain individuals beyond the attention, who do not hold the position of director but are participating in governing activities and, therefore, have to have fiduciury duties. After short comparative analysis of personal responsibility, the Georgian Corporate law reality is further discussed. Here, the problem of determining personal liability is a problematic issue, thus a separate chapter is devoted to the issue, which explains the grounds for personal liability imposition in details. Within the paper is discussed the content and the purpose of personal liability institutions under UK’s corporate law and an attempt to implement them, and especially ‘Alter Ego’ doctrine in Georgian corporate Law reality and the outcomes of the experiment. For the research purposes will be examined national case law in regard to personal liability imposition, as well as UK’s experience in that regard. Comparative analyze will make it clear, wherein the Georgian statute, are gaps and how to fill them up. The articles major finding as stated, is that Georgian Corporate law does not provide any legally consolidated grounds for personal liability imposition, which in fact, leads to unfaithful, unlawful actions on partners’/shareholders’ behalf. In order to make business market fair, advancement of a national statute is inevitable, and for that, the experience sharing from developed countries is an irreplaceable gift. Overall, the article analyses, how discussed amendments might influence case law and if such amendments were made years ago, how the judgments could look like (before and after amendments).

Keywords: alter ego doctrine, case law, corporate law, good faith, personal liability

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701 Environmental Liability of Architects: Architects Destroying the City in Designed and Creative Way, Dhaka City

Authors: Md. Ratin

Abstract:

This paper aims to show how Dhaka city is getting destroyed and the creator and guide of the city – the architects destroying the city in more designed and creative way. The liability of architects should be first and foremost to make the would, country, city a better living environment. As without it where the architects will do their design? To make a better living environment architects should conserve the tress, river and other related ingredient related to the environment. This paper attempts to show how cutting down trees and filling rivers causing more problem than having a great architecture in those places. For increasing people in a city like Dhaka, we need more shelter. But for providing those architects building more living spaces. But as a liability of an architect, one should give something back to the environment too. With time the city’s greenery and water body are getting vanished like magic. And for this, the architects should be blamed for giving us a disastrous future. The analysis is based on literature survey and survey by questionnaire, interviews of users.

Keywords: architect, environment, liability, river

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