The Risk Strategies from Reinsurance to Alternative Risk Transfer and Financing in Current Law

　　This book is divided into two maim parts. The first part embraces the issues arising from reinsurance transactions, first of all, the principal arrangement methods of reinsurance, facultative cover and treaties based on either proportion or non-proportion. Secondly, several issues of reinsurance, including the insurance interest on reinsurance, utmost good faith applied to reinsurance transactions, incorporation by reference and the clauses in common use, are stated and resolutions investigated. Thirdly, the regulatory methods for reinsurance transactions are analysed. However, insurance risks can also be spread by various non-traditional methods, termed ‘Alternative Risk Transfer’ (ART), also known as “Alternative Risk Financing” (ARF), dealt with in the second part of this book. After an introduction, an examination of how ART/ARF transactions are carried out is made. Next, several legal issues arising from ART/ARF transactions will be addressed and resolved. Moreover, the UK Financial Services and Markets Act 2000 created reforms worthy of investigation, and useful as a reference for further development of legal and regulatory frameworks in other countries.

作者簡介

林昭志（Chao-Chih Lin）

　　Current Position
　　Assistant Professor, Department of Law, Kainan University, Taiwan
　　Education
　　Ph.D., School of Law, University of Southampton, UK
　　LL.M., Faculty of Law, University of Southampton, UK
　　LL.B., Department of Law, Tunghai University, Taiwan

TABLE OF CASES
TABLE OF STATUTES
TABLE OF DOCUMENTS
PREFACE
ABBREVIATIONS

CHAPTER I Introduction
1.1 Background
1.2 The Aims and Objectives of the Book
1.3 The Content and Structure of the Book
PART I TRADITIONAL REINSURANCE

CHAPTER II Forms and Types of Reinsurance
2.1 Facultative Reinsurance
2.2 Treaty Reinsurance
2.3 Proportional Reinsurance
2.4 Non-Proportional Reinsurance

CHAPTER III Features of Reinsurance
3.1 Insurable Interest
3.2 Utmost Good Faith, Misrepresentation and Non-Disclosure
3.3 Conditions and Terms of Reinsurance Agreements

CHAPTER IV Regulation of Reinsurers
4.1 Purposes of Regulation of Reinsurers
4.2 Methods of Regulation of Reinsurers
4.3 The Reinsurance Directive 2005
PART II ALTERNATIVE RISK TRANSFER AND FIANACING

CHAPTER V Current Types of ART/ARF Products and Methods
5.1 Introduction to Alternative Risk Transfer and Financing
5.2 Self-insurance and Captive Insurance
5.3 Financial Reinsurance
5.4 Introduction to the Securitisation of Insurance Risk
5.5 Catastrophe Bonds
5.6 Insurance Derivatives
5.7 Contingent Capital Instruments

CHAPTER VI Legal and Regulatory Issues Resulting from Alternative Risk Transfer and Financing
6.1 Legal and Regulatory Issues Arising out of Financial Reinsurance
6.2 Legal and Regulatory Issues Resulting from the Insurance Risk of Securitisation: Focus on CAT-Bonds
6.3 ART/ARF Transactions Under the Supervision of the UK Financial Services and Markets Act 2000

CHAPTER VII Conclusions
7.1 Conclusions about Traditional Reinsurance
7.2 Summary Concerning Alternative Risk Transfer and Financing
7.3 Expectations
BIBLIOGRAPHY
INDEX