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Munich Re Group Annual Report 2006 (PDF, 1.8

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<strong>Munich</strong> <strong>Re</strong> <strong>Group</strong> <strong>Annual</strong> <strong>Re</strong>port <strong>2006</strong><br />

ation requirements of other countries are enforced by<br />

means of intensive and widespread training measures for<br />

our staff.<br />

Given its business model, the <strong>Munich</strong> <strong>Re</strong> <strong>Group</strong> is<br />

particularly dependent on the knowledge and proficiency<br />

of its staff. We control the resultant human resources risks<br />

by means of appropriate indicators and metrics. Our<br />

human resources tools as a whole serve to strengthen our<br />

staff’s ties with the <strong>Group</strong> and consequently to safeguard<br />

our business intelligence.<br />

With our specially tailored programme of qualification<br />

and further training measures, we make sure that our staff<br />

are able to adapt to current market demands.<br />

Targeted personnel marketing measures, staff potential<br />

assessment and development schemes, and systematic<br />

succession planning are designed to reduce the risk of<br />

shortages in qualified staff. Modern management tools<br />

and adequate monetary and non-monetary incentives<br />

ensure a high level of motivation.<br />

Legal and supervisory risks<br />

Legal risks may arise on the one hand from court decisions<br />

and legislation (changes in legal parameters) and on the<br />

other from legal disputes and arbitration proceedings in<br />

which we as an international insurance group are involved,<br />

especially in the area of claims settlement.<br />

We counter risks from changes in legislation and court<br />

decisions by constantly monitoring current developments<br />

and by actively participating in relevant bodies and associations<br />

in order to contribute our views.<br />

The following are examples of currently relevant legal<br />

risks:<br />

– In April of 2004, New York State Attorney General Eliot<br />

Spitzer started an investigation into the use of Placement<br />

or Market Service Agreements (PSAs) in the insurance<br />

industry. Several other US state regulators subsequently<br />

commenced similar probes into this matter, as have<br />

other regulators. We have received requests to provide<br />

information in connection with these investigations and<br />

are cooperating fully with the authorities. Entities of the<br />

<strong>Munich</strong> <strong>Re</strong> organisation, together with several other<br />

insurers and brokers, have been named defendants in<br />

136<br />

Management report_Risk report<br />

several PSA-related class actions by US policyholders.<br />

<strong>Munich</strong> <strong>Re</strong> denies any wrongdoing and will defend itself<br />

vigorously.<br />

– Given the hitherto unbroken trend of rising claims<br />

against insurance companies, we increased our provisions<br />

for asbestos claims as at 31 December <strong>2006</strong>. In<br />

February <strong>2006</strong>, the federal legislative procedure for the<br />

Fairness in Asbestos Injury <strong>Re</strong>solution Act in the USA<br />

foundered. With the Democrats gaining the majority of<br />

seats in the House of <strong>Re</strong>presentatives in the Congressional<br />

elections in November <strong>2006</strong>, the chances of the<br />

Bill being revived have fallen substantially. <strong>Re</strong>velations<br />

about questionable asbestos-related disease diagnoses<br />

and resultant lawsuits have led to the convening of various<br />

investigation committees in the USA to look into<br />

these practices. This could be a sign of a positive trend<br />

with regard to the asbestos situation in the USA. However,<br />

it is too early to say whether and to what extent this<br />

will have favourable implications for the insurance<br />

industry’s loss development.<br />

– In connection with the attack on the World Trade Center<br />

of 11 September 2001, a federal court has upheld two<br />

district court rulings which had earlier found that the<br />

attack on the two WTC towers should be treated either as<br />

one or as two separate events, depending on the wording<br />

of the insurance policies. The remit of the Court of<br />

Appeals was solely to establish whether procedural<br />

errors alleged by the parties to the dispute warranted<br />

fresh proceedings in a court of the first instance. As<br />

the objections were dismissed, the legal uncertainty<br />

regarding the loss event issue is now finally resolved.<br />

Since the rulings of the courts of first instance are already<br />

reflected in our ultimate loss estimates, the decision will<br />

not affect our projected US$ 2.6bn total WTC claims bill.<br />

Confirmation of the Wilprop decision will, however,<br />

enable <strong>Munich</strong> <strong>Re</strong> to defend itself against additional<br />

financial burdens.<br />

– As a consequence of the severe hurricanes of 2005, particularly<br />

Katrina, hundreds of lawsuits against diverse<br />

insurers are still pending in the affected US states. Plaintiffs<br />

with private buildings insurance are attempting to<br />

circumvent the exclusion of all flood damage routinely

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