OPERATIONAL RISKS, SATEFY COMPLIANCE AND INSURABILITY


Scientific coordinator: Prof. Oreste M. Calliano

The panel intends to study the relationships among companies’ operational risks, safety compliance risk-management and insurability. Contributions are welcome from lecturers, researchers and scholars from Private Law, Private Comparative Law, Consumer Law, Insurance Law sectors, as well as from all who wish to participate in the analysis, even from a comparative viewpoint, of these issues, which are still widely problematic.

After a first period of low  application of the principles and rules deriving from Legislative Decree n^ 231, cases such as von Thyssen (liability for lack of safety), Asbestos (liability for technologic risks), ILVA (liability for environmental risks), Costa Concordia (liability for maritime and tourism risks) the operational risk management exploded and brought up the delay of many companies.

In  particular SME’s and  universal services companies, had to evaluate  previously operational risks, their management and actions to be undertaken in case of catastrophic events or image risks (recall campaigns for unsafe products, marketing campaigns in order to support the company’s image).

A fitting example is the recent case of indirect and reputational risks for the automotive industry  in the USA and in Europe, introduced by VW case.

Despite the growing importance of this approach, the matter  of liability for non-compliance  of legal rules in product safety and liability  is a field still open for debate, with particular reference to some fundamental topics, which can each be an issue for future papers:

a) Risks connected with new technologies

  • Telematic risks: risk of production block because of blackouts, privacy risks
  • Risks from biotechnologies such as GMO, new pharmaceuticals
  • Risks from innovative health treatments, distance medicine and surgery
  • Risks from use of robots, drones even for civil purposes, nanotechnologies

b) Environmental risks, risks from pollution and non enactment of mandatory rules

c) Professional risks connected with health and medicine

d) Reputation risks: definition, extension, insurability, limits

e) Risk evaluation tools: traditional, quantitative and qualitative

f) Role of the subjects involved in risk management: internal and external risk  managers, consultants, brokers, insurance agents, insurance companies.

The interdisciplinary Conference will be preceded by seminars within the frame of the Insurance Law course by the Management Department of Turin University (October – December 2015) with the participation of experts from companies, insurers, scholars and company lawyers, in order to bring into evidence connections between technical, economic-entrepreneurial and legal aspects of industrial risk management.

Publication Opportunities