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12th edition/ August 2018

magazine

Support to the Loss Prevention Market Risk and Engineering Consultancy NORN is the newest company of Fox Group Pages 12 to 14

Chit-Chat The President of Tokio Marine Insurance talks exclusively about his professional trajectory and the company expansion. Pรกgs. 10 e 11

Stolen Cargo Recovery Fox Group has aggregated new companies and specialized professionals, offering complete support to the cargo transportation. With the new services, it has been having even more success in recovering cargos. Pรกg. 22


A Fox Group Company

PROPERTY: Inspections, regulations, evaluations, technical reports, engineering inspections, mass-market regulation, medium and high risk; Affinity white and brown lines, real time online inspections, via web and mobile phone; Ÿ AUTOMOBILE: Theft audit, accidents, garages, vehicle recovery, mobile phones and related products Affinity; Ÿ AUDIT SEGMENT AND ASSETS: Localization of people, real estate and movable assets, to support collection actions and correlates; audit in prior life Ÿ TRANSPORT – ACCIDENTS ATTENDANCE, INSPECTIONS, ENVIROMENTAL Ÿ TRANSPORT – CARGO RECOVERY Ÿ ASSETS RECOVERY Ÿ AFFINITY Ÿ

TRANSPORT - CARGO THEFT: Regulation and audit, analysis and audit of Risk Management Programs and technologies, audit to confirm if the claim has happened as informed, prompt response for cargo thefts and cargo recovery; Ÿ TRANSPORT – ROAD ATTENDANCE: Damages, accidents, damage commissioner, ports and airports inspections, environmental, prompt response to avoid looting, cargo inspections and real time online system, web and mobile phone. Ÿ

www.foxaudit.com.br / contato@foxaudit.com.br Phone: 55 11 3858-3234 / 0800 109687


EDITORIAL

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Direct contribution to the insurance market Definitively, stagnation is not our way. The wish to always get better has made us grow very fast. We keep innovating and looking for better specialists, in this way creating more companies and jobs unlike most business at this moment in the country. In the last editions of FoxNews we have always brought great news in this meaning. Nowadays, FoxGroup is made up of six companies specialized in providing services for the insurance market, it counts on the damage commissioners team, regulators, inspectors, auditors, experts, doctors, engineers and lawyers, all focused in a highlevel assistance. Fox Regulation & Audit acts in claims regulation, audit, inspection, assets recovery among other services; Haüptli Lawyers & Associates offers legal assistance and it is specialized in insurance law with a strong actuation in contentious (compensation) and advisory (warranty insurance and Civil Responsibility); MedFox acts in medical inspections and advisory; One Risk offers a database for transport insurance and alike, as support for risk underwriting; EM Prevention works with the transport risk planning, redundant monitoring, Risk Management Program audits; and a Norn Risk Engineering acts on the Loss Prevention consultancy, engineer-

Paulo Rogério Haüptli

Alexandre Massao

Bruno Lacerda Gusmão

ing inspections and construction works monitoring. They are several fronts to make possible a total risk analysis and with the seriousness, specialty and commitment of our professionals, we keep growing, expanding our work force and raising our market share. Our contribution to the insurance market has been also volunteer on presenting lectures and promoting own events. We will carry out the “2nd Insurance Seminar” in the beginning of August, through Haüptli Advogados & Associados, which will be attended by renowned executives of insurance and legal segments as lecturers and debaters. We will take information about the risk management against fire and explosion, with a lecture offered by Norn Risk Engineering. And also we keep supporting the market initiatives, being loyal, among the main sponsors of the CIST events (Clube Internacional de Seguros de Transportes). All these actions and we also have the publication of this magazine, which brings content of renowned executives who take knowledge to the segment. The building of Fox Group is a great pride and reason of our daily inspiration to keep doing better and better and adding the best professionals. Be with us!

Robinson Seabra Filho

Eduardo Muniz

Jan-Oliver Mollien

Fox Group Members

GRUPO FOX Fox Regulação & Auditoria Av. Francisco Matarazzo, 1752, 17º. andar Pompeia - São Paulo - SP - CEP 05001-200 Telefone (11) 3858.3234 / 3965.9001 E-mail: contato@foxaudit.com.br

MedFox Medicina, Odontologia e Perícias Av. Francisco Matarazzo, 1752, 9º andar Pompeia – São Paulo – SP - CEP 05001-200 Telefone (11) 3862-4848 E-mail: atendimento@medfox.com.br

Haüptli Advogados & Associados Av. Francisco Matarazzo, nº 1752, 24º andar Pompeia – São Paulo – SP - CEP 05001-200 Telefone (11) 4858.3644 E-mail: contato@hauptli.adv.br

OneRisk Global Av. Francisco Matarazzo, 1752, 5º andar Pompeia – São Paulo – SP - CEP 05001-200 Telefone (11) 3965.9001 E-mail: info@onerisk.global

E.M. Prevenção de Riscos Logísticos Av. Francisco Matarazzo, 1752, sl 1714 Pompeia – São Paulo – SP - CEP 05001-200 Av. Aggeo Pio Sobrinho, 261 - sls304 Belo Horizonte - MG - CEP 30275-834 Telefone (31) 3568-9084 NORN Risk Consulting & Engineering Av. Francisco Matarazzo, 1752, sl 1717 Pompeia – São Paulo – SP - CEP 05001-200

Fox News Magazine Thaís Ruco - Responsible Journalist Mtb 49.455 - thais@ruco.com.br Felix Ryu - Graphic Project - Teckel Design felixryuinoue@gmail.com English version translated by Agnes Andriolo


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SUMMARY

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Editorial Direct Contribution to the Insurance Market

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In the media Fox Group Director takes part in the reportage of the Sincor Magazine-RJ

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Relationship Fox associates to CVG-SP

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Agenda Haüptli Lawyers & Associates holds the second edition of the Insurance Seminar

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New Hires New professionals for Haüptli Lawyers & Associates team

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Law Clarifications on the Insurance Contract Law

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Release Medfox takes part in events to introduce its brand and services

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Interview Leading the operation of a leading company

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Cover Risk and Engineering Consultancy NORN is the newest company of Fox Group

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Transports Joint actions between States seek to improve the stolen cargos apprehension indicators

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Guarantee Insurance “Guarantee Insurance of construction completion” and its singularities

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Fight against Fraud Fox Regulation & Audit works to avoid insurer losses on DPVAT (Personal Injury Caused by Land Roads Motor Vehicles)

VIDA&DPVAT Fox Regulação & Auditoria

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Law International Air Transport Compensation after the general effects of the decision of the STF

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Re Insurance Strategies to keep the lead in the Brazilian Reinsurance Market

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Property Fox Regulation & Audit innovates with online inspection

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Expertise Cases of stolen cargo recovery

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Transports Insurance: road cargo theft strongly increases

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Guarantee The guarantee insurance and the subrogation success

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Panorama Insurance reserves opportunities for good brokers

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Insurance Distribution An empirical analysis of the online insurance consumer profile – the purchase motivation

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Event Conflicts between Powers, Economy and Corruption were highlighted themes during the VI CID – International Law Congress

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Transports Logistic: still a Brazilian problem

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Social Responsibility ONG helps families of injured or victimized police officers who are going through problems

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Event Insurance Market is living a transition between the current and the new

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Partnership Fox Group is the biggest sponsor of CIST

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Transports Ethics and cargo theft

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Event Norn Director presents to the market lecture about explosions and fire claims

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Other Reading One day without truckers


IN THE MEDIA

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Fox Group Director attends to an interview of Sincor- RJ magazine Paulo Rogério Haüptli, director at Fox Group, was interviewed by the journalist Francisco Luiz Noel for the article “Expertise of the gangs challenges the Insurance Market”, published in the magazine “Previdência e Seguros”, by Sincor-RJ. Talking about the critical areas in Rio de Janeiro, the article said: “When the cargo arrives to a community the monitoring companies' prompt response team decide not to get in these areas afraid of physical injuries, because even the police sometimes has problems on accessing this locals” emphasizes Paulo Rogério Haüptli, from Fox Group, specialized on claim regulation and assets recovery. He highlights the

presumed involvement of the drivers; he says also the carriers do not investigate these questions because the cargo deviation is supported by the insurance”. In other part of the interview, the Director comments about the law which is below the problem. "Faced with the rise in the cargo theft, there is unanimity in the market that the punitive legislation and police investigation fall short of the seriousness of the problem, not only in Rio de Janeiro and São Paulo but throughout the country. 'If there is no effective investigation of cargo thefts, involving receptors and drivers, the problem will never end.' warns Paulo Rogério Haüptli, also professor of Logistics at National School of Insurance.

RELATIONSHIP Fox associates to CVG-SP Fox Regulation and Audit joined the team of companies associated and sponsor of CVG-SP (Clube Vida em Grupo São Paulo – life insurance group). The handover of the welcome plate took place during the lunch on April 17th at Terraço Itália, and during the lunch took place the lecture of the guest Mr. Marcio Coriolano, President at CNseg, talking about "Life Insuranceoriented Projects e Actions of CNseg”. At receiving the plate from the President of the CVG-SP, Silas Kasahaya, the Director Paulo Rogério Hauptli declared: “I want to thank Silas and whole board for the opportunity to take part of this select group of specialists in life insurance in Brazil, segment that last year grew more than the auto insurance market”. At the end of the event, Silas Kasahaya announced that the CVGSP counts nowadays, as associated, with 21 insurance companies, three re insurance companies, six service providers and fifteen brokers.

Ronald Faverani, Silas Kasahaya e Paulo Rogério Haüptli


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AGENDA

Haüptli Lawyers & Associates holds the second edition of the Insurance Seminars Haüptli Lawyer & Associates, insurance law specialized office, holds another encounter to take information to the insurance market. The “2nd Insurance Seminar” will happen in August 8th 2018 (Tuesday), from 9:00 to 12:00, at Maksoud Plaza Hotel and counts with the attendance of renowned executives from insurance and law areas as speakers and debaters. The subscription is limited and it can be done through the email address eventos@hauptli.adv.br. In order to attend to the event it is requested the donation of 01 (one) kilo of non-perishable food (at the day and local of the event) which will be delivered to the “Associação Beneficente Vivenda da Criança”. According to Bruno Gusmão Lacerda, partner-lawyer at Haüptli Lawyers & Associates, the event is, in one more edition, the contribution of the office to the insurance market for the opportunity of debating themes that are in evidence on insurance law nowadays. of the PLC 29/2017 (Insurance Contract Bill).

NEW HIRES New professionals for the Haüptli Lawyers & Associates team Fabio Spinola Esteves Rocha Graduated in Law by São Francisco University, Post-Graduated in Civil and Procedural Law by Paulista Law School, membership of National Transport Group of the International Association of Insurance Law (AIDA) and International Insurance Club of Transport. Foreign Language: English Contact: fabio.spinola@hauptli.adv.br Daniela Martinussi Jerônimo Graduated in Law by Law College of São Bernardo do Campo - FDSBC. Postgraduated in Civil and Procedural Law by Paulista Law School - EPD. Knowledge Areas: Civil Law, Consumer Law and Insurance Law. Foreign Language: English. Contact: daniela.martinussi@hauptli.adv.br Diego Dantas de Almeida Graduated in Law by 9 de Julho University. Post-graduated in Criminal and Procedural Law by Paulista Law School (EPD). Post-graduated in Constitucional Law by Pontifícia Catholic University of São Paulo (PUC/SP). Studied Insurance Law at Metropolitanas Unidas Colleges and New Code of Civil Procedure at LFG. Nowadays he takes part at the National Group for Insurance Protection and Compliance of International Association of Insurance Law (AIDA). Knowledge areas:: Civil Law, Criminal Law and Insurance Law. Foreign Language: English Contact: diego.dantas@hauptli.adv.br Carlos Alberto Menichelli Junior Lawyer, graduated by Catholic University of Santos (2003/2007), Post-graduated "Lato Sensu" in Civil Procedural Law with emphasis in Business Law by Damásio Educacional College (2008/2009), Extension Course in Consumer Law (2015/2016) by Damásio Educacional College, Extension course in Transport Management (2017) and General Civil Responsibility Insurance, E&O and Environmental Insurance (2018), both by National Insurance School. Foreign Language: English. Contact: carlos.menichelli@hauptli.adv.br


Teckel

A Fox Group Company

Haüptli Lawyers & Associates is a law office endowed with the advisory and contentious expertise necessary to attend the insurance market

AREAS OF EXPERTISE: CONTENTIOUS Ÿ Agreement center composed by experienced

professionals; Ÿ Adoption of judicial redress measures; Ÿ Judicial bases audit; Ÿ Refereeing; Ÿ Accomplishment of procedures in the

context of regulatory agencies; Ÿ Re insurance.

ADVISORY Ÿ Elaboration of contracts and opinions; Ÿ Elaboration and revision of polices

clauses; Ÿ Claim regulation in several segments of the insurance with emphasis in Civil Responsibility and Warranty Insurance; Ÿ Elaboration of notifications and out-ofcourt redress measures; Ÿ Business planning in insurance area.

www.hauptli.adv.br


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LAW

Clarifications on the Insurance Contract Law Lately, as Congress moves ahead, now in the Senate, the Insurance Contract Bill of the House - PLCS (PLC Number 29/2017) has been receiving applause and some criticism, especially regarding the treatment which provides alternative means of conflict resolution. There are those who maintain that if, on the one hand, it represents advances in insurance contracts, on the other, it will be a step backwards in arbitration and mediation. It is argued that the PLCS would be inconsistent with procedural legislation which gives priority to alternative dispute resolution methods. As coordinators of the committee that prepared the Draft and the several works that led to the aforementioned PLCS, we can say that these criticisms are not justified. One of the objections is that in the PLCS are missing provisions on mediation regarding insurance conflicts. Well, the PLCS could not intend to discipline everything that is already regulated by the special law of arbitration and mediation. Despite this, in the prestige of litigation alternative means, the PLCS, in the article 63, expressly admits arbitration and mediation. Therefore, it prizes these important means for the solution of the insurance litigations. However, what seems to be troubling is the fact that the PLCS makes clear that the clauses unilaterally imposed by the supplier, as those included in the insurance policies, will not be valid for the insurance sector. In addition to the policies be written exclusively by insurer, the insurance contract is not a formal contract and may exist, be valid and effective even without the existence of any writing. Although some imagine that insurance is a formal and parity contract, it is always a consensual (informal) contract, by adhesion. The insurance contract by adhesion is not only the contract with individuals. There are

many court decisions that even place large insured companies as consumers. In practice all Brazilian doctrine recognizes that large-risk insurance contracts are also typical adhesion contracts For this reason, the PLCS foresees that the validity and effectiveness of the clauses establishing mediation and arbitration will always depend on the express agreement of the insured, expressing their free will. Thus, it is not true that the PLCS threatens the important gains made by the Arbitration and Mediation Law. It just moves away the arbitration and mediation pushed down the throat.

Ernesto Tzirulnik is owner -partner at E r n e s to Tz i r u l n i k – Advocacy, doctorate at São Paulo University. President of the Brazilian Institute of Insurance Law.

hiring, but also for a large collectivity of other insured and beneficiaries, as well as third parties.

Although, Brazil is the third country in the world in number of arbitration at the International Court of Arbitration of the International Chamber of Commerce – ICC, this does not necessarily mean that the Brazilian business community has accepted and assimilated perfectly the institute of arbitration. In the insurance segment, as certainly also in other segments, this is not true. Some Brazilian businessmen even have a genuine sharp aversion in arbitration on insurance matters, especially when it may be subject to foreign laws and involve high costs.

Therefore, a mediation or arbitration pact that could encumber the many interested in the execution of the insurance business is not desirable. Suffice it to imagine an engineering project or a large operation which, in addition of being interest to the builders or operators that hire the insurance, also guarantees the interests of the developer, his investors, his subcontractors, sometimes reuniting hundreds of other companies and individual professionals, not to mention third-party accident v i c t i m s a n d w h o l e s o c i e t y. T h e Arbitration Law clearly does not provide in a complete and special way the legal certainty need to the insurance relationship.

As the insurance is an indispensable protection tool for people, companies and the society in general, and the acceptance of their hiring is sometimes conditional upon acceptance of the arbitration clauses, it happens that insured parties are obliged to swallow the imposition of "structured mediations" and arbitrations drawn to the taste of the foreign reinsurance market. It happens that the insurance contracts, in addition to be formed by adhesion, by their very nature, they do not have their relevant effects only for the parties that directly participate in the

In order to improve the protection regime and specify it, it is sought to grant the first special law of insurance contract. This law, which will represent advances in the insurance business, can not be affected by arbitration agreements imposed by those who have the power to decide whether or not to endorse the risks and, in the event of a claim, to pay the indemnity or not . The attempt to exclude the most relevant insurances from national laws is due to an old and well-known wish of the foreign reinsurers and insurers. They should avoid the national laws of the


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countries in which they have operations

companies and brokers.

The Insurance Contract Law can not fail to guarantee its own incidence. The insurers themselves and the insurance brokers, represented by the National Confederation of Insurers - CNSeg and the National Federation of Insurance Brokers - Fenacor, converged on the rules of article 63 and sole paragraph of the PLCS. This, of course, reveals that, like policyholders and beneficiaries, insurers and brokers have also identified that arbitrations based abroad and foreign law enforcement have resulted in detriment to the interests of insured, beneficiaries, as well as insurance

Another common criticism to the PLCS is that the confidentiality of the arbitrations would be threatened. This is not fact either. PLCS honors the confidentiality. What he establishes is that the summaries of arbitrations, their foundations and conclusions do not get lost, leaving Brazil with orphan of legal experience and culture on insurance and reinsurance, and without jurisprudence to prevent abuses. In the other way of the apologia of absolute freedom, the PLCS meets the concerns shared by the best world

doctrine regarding subtraction from the law and national jurisdictions. The application of Brazilian law to insurance contracts, rather than increasing economic costs, rationalizes them in accordance with the Brazilian legal system. Arbitration in Brazil and according to the Brazilian insurance contract law, will bring safety, maturity to our insurance, reinsurance and arbitration institutions, as well as a reasonable saving, without which we will often choose to leave aside our rights to not have to endure an ignominious and costly “via crucis”.

RELEASE Medfox attends to events to present its brand and services. A long life is what everybody wants. Everyone wants to delay aging as much as possible, but at the same time have a good life quality when they grow older.

On 31 of May, it has been to the event “Cycling Tour in Interlagos in the Yellow May” which was attended by more than 5,000 cyclists.

In order to spread the importance of the prevention and the life quality, MedFox has attended to some events and carried out some disclosure actions. On 28 and 29 of July, the company has been to the gastronomic event that took place in Mooca neighborhood named Flavors Festival, and the MedFox ambulance was parked among the several food trucks, doing its advertising.

“We know that the only way to prevent evils of inactivity is to keep up active, not during one month, but during whole life. The health is, most of time, a factor we can control by preventing the emergence of some diseases, this is what we believe and always supported”, says Dr. Robinson Seabra, doctor and partner at MedFox.


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INTERVIEW

Leading the operation of a leading company The President of Tokio Marine Insurer, José Adalberto Ferrara, speaks exclusively to Fox News about his professional career and the evolution of the company in the market, addressing the importance of insurance brokers and areas of action of Fox Group as the regulation of claims and risk management. Check it out! Fox News – Comment about your professional career until becoming president of Tokio Marine Insurer. José Adalberto Ferrara – For the past 38 years, I have been responsible for IT management and operations of large companies in the financial services industry including banks, credit cards and insurers. I have a degree in Computer Science from Unicamp and I took the extension course in Business Administration by Fundação Getúlio Vargas. My career includes a 5-year stay in the USA, where I was Chief Technology Officer at Bank Boston and I took an extension course in Business Administration at Harvard University. I arrived in Tokio Marine Insurer in 2009 in the area of Technology and Operations and I have been, with great honor, the president of the company since July 2013. Fox News – What was the biggest challenge in your walk until became a top executive? Ferrara – I recognize that is something different, someone from technology area to take over the company. But I would say that I never studied technology by the technology, I always worked in technology area thinking about the business of the company. Usually, a person form technology area is more introspective, worries more on doing the projects that are requested. I think a little different

and I always tried to understand the business. I used to talk and discuss with the CEOs, directors that were my partners regarding the business solutions involving technology which could help (the directors) to improve their business, to improve their processes, or to be more productive, things like that. It's a natural thing in me. Fox News – What are the challenges and opportunities on being the president of one of the biggest company groups in the Country in the current scenario? Ferrara – I am totally confident on the economic recovery and the return of investments in the C o u n t r y, w h i c h will have many positive effects over the insurance m a r k e t . A s President of Tokio Marine, I remain firm in the purpose of spreading the insurance culture and increasing the significance of this industry in the national GDP. I also have as challenge constantly orchestrating the entrepreneurial side of people, stimulating this side. And

for them to have this entrepreneurial style, I work together with the other directors to make everyone feel like wanting to collaborate. The spirit of collaboration for me is fundamental, and this is what really supports the teamwork. Fox News – What are the segments and specializations of the Insurer?


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What are the focuses of actuation? Ferrara – We are a multi-products insurance company. This means that we operate in all segments of insurance, except for health, pension and capitalization. We have one of the most complete portfolios of products on the market, which includes mass-produced products as car insurance, fleets, residential, people, condominiums and portable equipment (laptops, mobile phones, tablets and digital cameras); and corporate products, including insurance for small, medium and large companies, D & O, rural risks, housing, transport, business, engineering risks, named and operational risks, oil risks, w a r r a n t y, c i v i l r e s p o n s i b i l i t y, artworks, events, equipment for business, industrial use, nautical and aeronautical (including R.E.T..A). Fox News – How is the relationship of the company with the brokers? And what about the insurance consultancies? What is the importance of these channels? Ferrara – Our distribution process is made 100 percent through our 26 thousand brokers and consultancies and Tokio Marine Insurer is recognized by its close relationship with these business partners. We seek to strengthen this relationship more and more, not only by listening but by effectively implementing the suggestions that are presented to us, whether in o ff icial s eg men t ev en ts o r o n informal occasions, such as the Diamond Encounter, in which we recognize the dedication and honor the professionals who work with us . Often the broker, because of his experience in dealing with the end customer, knows exactly what to do to improve a particular product and / or service and we have all interest in performing these improvements. The work we do together with the partners in favor of the growth of the insurance market in the Country is

based on our values: respect; team work; transparency; ethic; excellence in products and services and commitment to the satisfaction of employees, brokers / consultancies and clients. Fox News – How do the risk management areas and claim regulation work in order to avoid losses in the scenario of expenses reduction and adversities of the Brazilian economy? Ferrara – In order to guarantee the deliveries to the insured keep the highest index of quality, Tokio Marine created in 2017, the Risk Management. This department supports clients and brokers through a consultancy oriented to actions and contingence plans that help them to map and avoid risks to the business of the policyholders with the company. The department helps on the risk management since the beginning. When this risk is early identified, the customer has a minor probability to handle losses, which will encourage him to keep the contract with Tokio Marine and the broker. The Risk Management Department of Tokio Marine serves the portfolio of transport, business and engineering, guaranty, agro-crops, aeronautical, nautical and other risks. The consultancy is performed by experts of the company during both pre-sale and post-sale and, in addition to providing greater reliability to the insured, intensifies prevention strategies by generating reports with guidance information and photos of each inspection step. In this way, the company manages to make a more adequate management and, consequently, offers the products that most meet the needs and the reality of each client, which is evaluated in a unique way. I n t h e c l a i m a r e a , To k i o M a r i n e Insurer has been continuously invested in training of people, improvement and automation of processes to provide the best service to brokers, consultancies and clients at the time of the accident. The area

today has 225 employees distributed in segments such as automobiles, high risks, mass-products, life and affinities. The service with quality and agility since the communication of the incident is our priority. We are an insurer that performs with absolute conviction the function of delivering tranquility when the unforeseen occur. Fox News – What is the importance of the Brazilian market to the group? Ferrara – During a visit to the Country in September last year, Tokio Marine Holdings World President Tsuyoshi Nagano said that Brazil is one of the Group's priorities. According to him, the Brazilian operation maintains robust organic growth and has the potential to increase its representativeness in the insurance conglomerate. Fox News – What are the expectations for the company in 2018? In which segments does the company bet on contributing with the economy growth recovery? Ferrara – We know about the challenges, but we are very optimistic about the future, mainly regarding the performance of the Brazilian economy. I believe that the insurance market can resume the pace of doubledigit growth, as it was until 2013. Our target is to keep growing more than the market average and in a sustainable way, as has been occurring in recent years. Our strategy is to continuously invest in the improvement of products and services, based on the pillars of growth, profitability and quality / innovation. The goal is to be increasingly recognized for quality in providing services to brokers, consultancies and clients. Brazil has its own agenda of demands and we have full confidence in the economic recovery and the resume of investments which will bring many positive effects over the insurance market.


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COVER

Risk and engineering Consultancy NORN is the newest company of Fox Group

This undertaking comes to reinforce the support to the loss prevention market NORN Risk Consulting & Engineering is the newest company of Fox Group. It was born from the Claim Regulation Department with the aim of support the loss prevention market and it started its operation in May 2018. The name Norn is the translation to English of the word Nornas. The Norns are, by the Norse Mythology, three ancient goddesses whose function is to weave the fate of gods and men and watch over the observance and preservation of laws – to them are assigned the standards. Like the goddesses, NORN has as target to ensure the application of care norms and safety.

Regulation and Audit”, says Jan-Oliver Mollien, one of the founders and partner at NORN.

experience merges with his partner Paulo Haüptli Junior who studied Actuarial Sciences and gathered several years of experience in claim management, statistics and finance here in Brazil. This combination, at the point of view of Paulo Haüptli Junior, is a great benefit for the customers: “We know that the business activities must be valued by the customer option and we met this exactly goal crossing the experience of engineering and claims and financial areas”, says.

Jan-Oliver Mollien “Our strategy is to support the customer on controlling and preventing the risks, with our experience in Engineering and deep knowledge of the rules and codes, national and internationals, added to the practical knowledge of more than 30 years of experience of Fox

The executive has mastering in Fire Loss Prevention and worked for more than 10 years as Risk Senior Engineer for a industrial multinational insurance company after being part of the army as officer and he also acted as leader for a security company. His international

Paulo Haüptli


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A big market demand Since the first day of activity, the company has many projects and a big demand of clients, what shows that NORN Risk Consulting & Engineering is in the right path and has found a market niche that the customers are looking for. The requests are totally different one from another. They come from insurance companies, brokers and service providers, national and international companies for Europe and Americas, including the USA. The insurance companies usually request research for Loss Prevention on the segments of Property and Marine. Projects like these are always sensitive for the insured because they need to give access in order to the research been done in every area. In this way, the Engineer needs sensitivity to manage this demand, for this reason the team will be always trained in addition to the weekly meetings and the crossknowledge system. The first successful history has already been written: from a single insurance risk research of two luxury food warehouses, it followed a complete risk

management project for the insured in which he share the risk engineering costs with the insurance company.

insurer and the broker to ensure the installation success. All these types of services are offered by NORN Risk Consulting & Engineering.

Differentials and services NORN Risk Consulting & Engineering develop a Benchmark personalized system and offers support in preventing fire losses, cargo security and awareness of the crime of cargo theft. Jan-Oliver Mollien underlines that the main goal of the company is to avoid losses, what comes a lot before the loss limit. This requires deep knowledge of the different business processes and their dangers which is necessary to evaluate the risk level and develop protection measures. Hydrants, pumps and smoke detection systems are important devices to limit a loss and must be tailor-made, a service that NORN Risk Consulting & Engineering is also supporting. To this end, a group of specialized approved companies have been established to deliver the contacts of the responsible by the customer when the installation is needed. If desired, the project details will be reviewed prior to the installation and negotiated with the

One of the biggest advantages that NORN Risk Consulting & Engineering offers to the customer comes from Group Fox itself. There are constant discussions among the other Group companies, for example, if legal team support is needed, HaĂźptli Lawyers & Associates can be consulted; if the operational management of the transport risk wishes, EM Prevention is ready to intervene; if risk management processes are to be automated, tracked, and compared, OneRisk will be the company. The customer can order on a single service or he can get all services from a single source. "The facilitated and shortened ways of communication between all the different Fox Group experts will help the client to save money, because when working with one of the Group companies, with only one connection all other services can be included," says Jan-Oliver. "The focus is on having real experts across all business segments, but with flexibility to build multidisciplinary project teams," he adds.

Research example The production plant of a European freezers manufacturer was researched by NORN Risk Consulting & Engineering. The production lines of the plants were placed in a new building in the South of Brazil. The organization, the cleaning and the commercial processes are excellent as well the market development. The additional success of business throughout Latin America depends on the first production plant, which also represents a high risk of Business Interruption. During the investigation it quickly became clear that there are some critical points such as the propane gas filling station or the expanded polyurethane injection with its controlled exothermic reactions. Together with

this process, the risks related to the warehouse, with double-row high racks near to the production lines increase the risk to a critical level. Even if the hazards of the process are a protected status of the technique that supports the concept of loss prevention, the loss limitation has been under-represented. The model of contamination simulation by fire and smoke carried out by the Risk Engineer showed the costumer that, in a fire situation, he would be facing a total loss in less than 15 minutes. The customer understood the urgent need of investment on loss limit and requested a planning that NORN Risk Consulting & Engineering developed and discussed and aligned with the insurance company together with the broker and the insured.


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TRANSPORTS

Joint actions between States seek to improve the stolen cargos apprehension indicators Cargo theft began to worry from the 1980s, particularly after 1985. It came growing and reached its peak around 2004. Another peak occurred in 2009. Its initial focus was the road, at the beginning in the Northeast, Bahia, Pernambuco and Alagoas, where Arapiraca began to appear as a receiving center, which unfortunately remains to this days. From airplane engine to flip flops, everything is received. At the time of replanting, in Mato Grosso and South Mato Grosso, Notheast of Paraná, Santa Catarina, north of São Paulo, countryside of Bahia and South of Maranhão, the receptions of agricultural machinery and inputs are concentrated. According to Pancary consultancy, the cargo theft has been decreasing because the police started acting more strictly and the confrontation became inevitable, several members of gangs were arrested and many others disappeared. However, the indices continue to be frightening in events and values involved, especially in the Southeast region. The cargo theft graphic comes in climbing. According to data from NTC Logistic, in 2012 there were 14,400 cargo theft occurrences in Brazil, in 2013 there were 15,200, in 2014 exactly 17,500, in 2015

there were 19,250, in 2016 registered 25,550 and in 2017 it reached 25,950 cases. From the total in 2017, 22,212 occurrences happened only in Southeast region, 1,514 in Northeast, 1,440 in South, 640 in Midwest and 164 in the North of the country. “85.5% of the thefts is concentrated in Southeast region for representing the greater movement of cargos and the increase of the local crime ", says Dr. Gustavo Coutinho, Chief Police Officer of Bahia. He joined the Civil Police of Bahia in 2001 working in several cities in the countryside of the state, assumed the title of the Homicide Office of Feira de Santana in 2016 where he managed to reduce crime rates in the region which designed him to take over the D E C A R G A - B a h i a C a rg o T h e f t Repression in December 2017 Only in Bahia, the seizures done by DECARGA in the first half of 2018 (January to July) reached R $ 7,403,679.86 in 221 occurrences, and in

the same period of 2016, R $ 7,296,899.58 in 285 cases. “DECARGA seeks integration between the Federal Highway Police and also with the Police Stations of other states to improve the indices. We are intensifying this job, but we have already seen results with the information exchange, that has been improving the indices of the cargo seizure”, declares Dr. Gustavo Coutinho. “We keep in touch with the authorities of all states because the majority of the gangs are interstate, in other words, they steal in one state and take the cargo to another to make difficult the police action. Working together is essential to understand the dynamics of the gangs."

T

he medical investigation is an attribution specific for doctors. It can be carried out by the civilian or military as long as invested in function which ensures the legal and administrative competence of the professional act.

The medical inspector and dentist, through competent inspection, can conclude whether the person has or does not have the disease or if the victim of the accident resulting from the accident meets the conditions to perform a certain activity (occupation); is the so-called physical and / or mental aptitude test. The service is offered to insurance companies, banks, finance companies and companies in general.

atendimento@medfox.com.br www.medfox.com.br

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16

WARRANTY INSURANCE

“Guarantee Insurance of construction completion” and its singularities The Program “My House My Life” launched in 2009 by the Federal Government, filtering and balancing its criticism, it is for sure one of the biggest in the history of the segment, subsidizing the acquisition of housing for families with incomes up to 1,8 thousand Reais and facilitating access in the purchase for families with income up to 7 thousand Reais. The Program has a variety of financing modalities, organized in 05 (five) different ranges and uses resources from the Ministry of Cities which are transferred to Caixa Econômica Federal, responsible for the management of the financing. The several problems faced for the last years, among them the delay on the delivery of the projects, the quality of the constructions and the default of the borrowers in the fulfillment of the

financing contracts, factors that were aggravated by the financial crisis that still haunts the country, resulted in the adoption of several measures by the governors, in order to bring greater effectiveness and transparency to the Program.

D r. B r u n o L a c e r d a Gusmão partnership at Haüptli Lawyers and Associates, a Group Fox company

Among those measures, there is the Guarantee Insurance, product commercialized for many years in the country and that has as basic principle the fulfillment of contractual obligations formalized between certain parties.

due assessment of the losses experienced by the insured.

The Guarantee Insurance has among its foundations the “step in rights”, that is, the possibility of the insurance agent hiring a third company, in order to guarantee the delivery of the obligations guaranteed and agreed between the contracting parties, or the payment of the insurance in kind, after

Faced with the needs of the Caixa Econômica Federal (Insured), the product went through several adaptations, inherent to the specificity of a project of the magnitude of My House My Life, and among these, the "obligation" of the insurance agent to adopt the necessary measures for the


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resumption of the works, which will only be indemnified in kind to the Caixa Econômica Federal (Insured) in specific cases, which is not the subject of this article.

which also determines whether to retake the construction works or to pay the insurance indemnity in kind, as recorded above.

The participation of the insurance agents made it much easier to resumption of the work, with the obligation to contract the Guarantee Insurance in the modality "Builder Work Completion", except in the works of the program's "Range 1", which includes families with lower income.

In recent decisions, the Federal Regional Courts have been accepting the mentioned understanding and recognizing the role of the insurance agents in the policies of "completion of work":

The policy holders are the builders of the Program's works, observing the peculiarities of each venture, with the Caixa Econômica Federal being the Insured Party, being possible to contract financing both by the construction companies and individuals interested in the acquisition of residential units. The effectiveness of the insurance market underscores the importance of its participation in the Program, to the point where we have verified in articles recently published in the media mentioning problems only in enterprises of the socalled "Range 1", which does not count on the contribution of the insurance market (Source: http://g1.globo.com/fantastico/noticia/2018/07/milhares -de-imoveis-quase-prontos-deixam-de-ser-entreguespopulacao.html). Obviously several problems are faced by the insurance agents also in their "ranges of action", but it is salutary to highlight the improvements resulting from their professional and obstinate participation. However, the existence of the policy “Guarantee Insurance” allied to the general lack of knowledge of the population about the coverage of the contracted insurance, resulted in an increase in the number of lawsuits filed by borrowers against insurance agents, whether due to delays in the delivery of the projects or failures in their executions. The main point to be registered about this subject, in other hand, it is the fact of the insurance agents do not have any responsibility for the completion of the works with the borrowers and other purchasers of units in those enterprises. This reasoning arises from the fact that there is no legal relationship established between the insurers and the borrowers. This is because at no time does the insurance agent undertake any contracting and / or become guarantor of the property rights of the borrower, who signs contracts with the builders and eventually with the Caixa Econômica Federal, if he chooses to finance the property And also, the participation of the insurance agent is to help Caixa Econômica Federal (Insured) on the resumption of the construction works, being Caixa the policy holder,

INSTRUMENT APPEAL. MY HOUSE MY LIFE PROGRAM. WORK STOPPAGE. DELAY ON REPLACING THE BUILDER. NEED OF PROOF, IN EXAURIENT COGNITION, OF THE SUPPOSED OMMISSION OF CEF IN COMPLYING WITH ALL OBLIGATIONS THAT FIT THE CONTRACT. AFTER THE EFFECTS OF T H E A G G R AVAT E D D E C I S I O N T H AT DETERMINED THE CAIXA ECONOMICA F E D E R A L T H E M O N T H LY D E P O S I T O F RENTAL IN RESPECT OF THE DISPOSAL OF THE JUDGMENT. EARLY CUSTODY WHICH PRESENTES CLEAR DANGER OF I R R E V E R S I B I L I T Y ( A RT. 3 0 0 , § 3 º , O F CPC/2015). REFORM OF THE DECISION. (…) 2. CEF is responsible for notifying the insurer about the delay in the construction work, so that it may take the necessary measures to ensure the continuation of the project, which includes the retake of the work and the hiring of a Substitute Builder. (...) 4. It is true that CEF is responsible for the analysis and approval of the substitute contractor indicated, the 1st release of the "remaining amount of the financing installments (value of the financing / lease not released) directly to the INSURER" and the payment of the excess cost that exceeds the maximum limit of responsibility of the insurer (item 12.12 of the Special Conditions of the policy). (...) 6. Although there is still a proven delay in the replacement of the construction c o m p a n y, t h e r e m u s t b e r e s p e c t f o r a l l administrative and contractual steps imposed, it being understood that only in grueling cognition it will be possible to gauge eventual omission of CEF to fulfill all obligations that fit in the contract. (...) (TRF-2 - AG: 00070318320174020000 RJ 000703183.2017.4.02.0000, Rapporteur: JOSÉ ANTONIO NEIVA, Judgment Date: 25/08/2017, 7ª Specialized Group) In the end, it is important to emphasize the seriousness with which this matter must be dealt with, since it can significantly undermine the entire production chain involved in the My House My Life Program, as well as in other credit lines managed by Caixa Econômica Federal (Insured) being extremely important the participation of the insurance broker in the dissemination of such concepts and understandings.


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FIGHT AGAINST FRAUD

Fox Regulation & Audit works to avoid insurance companies' losses on DPVAT The frauds and irregularities in DPVAT (Personal Injury Insurance Caused by Land Roads Motor Vehicles) – compulsory insurance for motor vehicles that must be paid each year by the vehicle owners – bring great loss to insurers operating in the segment. Across Brazil, every month there are many attempts of bad faith (malice) to receive the compensation as a victim of traffic accident. The analysis and investigation work carried out by Fox Regulation & Audit on DPVAT insurance has the objective of precisely preventing insurers from paying fraudulent claims. The DPVAT processes are carried out in two spheres: initially administrative, when the insurer is in its term of up to 30 days to indemnify the claim; and then the judicial, when the insured opens litigation to claim either the delay in receiving the value, or the value itself, which he believes should be higher, or the denial of payment. Until 2017, Fox only acted in the judicial sphere and in 2018 began to take care of the processes of the administrative sphere. “In the judicial sphere we had very old processes, some of them from 10

years ago, which complaint was precisely due to the delay. In the administrative sphere we help to close the process quickly and on time”, explains Ronald Faverani, manager of Analysis and Audit for the segments DPVAT and Life at Fox.

VIDA&DPVAT Fox Regulação & Auditoria

After the analysis, each process is classified as regular (when Fox finds that everything is correct and the insurer must pay), alert (Fox alerts the insurer to wait because more investigation is necessary)

or irregular (it is proved that there are problems and for this reason the payment should not be done). In 2017, Fox carried out 1,727 DPVAT processes analyses. From these total, 136 were classified as regular, 1,127 as alert and 464 as irregular. In 2016, there were 1,681 analyses of DPVAT processes, being 164 classified as regular, 1,296 as alert and 1,681 as irregular. “Alert is the type of process that frustrates us the most, because we know that something is wrong, but we still can not get the documentary evidence. And it is the one which always presents the biggest indices. However we can help the insurer to find the evidences. In many cases Fox can not identify the irregularity because we come across some agency that says they will only answer or hand the document directly to the insurer. There are agencies that require the presence of the victim's next of kin and beneficiaries so that they can submit the evidence. This turns into a barrier for the regulator, but we send the alert and the way for the insurer to conclude the evidences.”


LAW

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International Air Transport Compensation after the general effects of the decision of the STF It was on 25/05/2017 that the Federal Supreme Court, pondering the theme number 210 of the general repercussion, by a majority of votes, approved the extraordinary appeal brought by the airline Air France to reduce the value of the conviction for material damages established by the Court of Justice of Rio de Janeiro, limiting the indemnity to the level established in Article 22 of the Montreal Convention. At that time, Ministers Marco Aurélio and Celso de Mello were "defeated”, whose votes rejected the extraordinary appeal. At that opportunity was left fixed the following thesis: “In accordance with art. 178 of the Constitution of the Republic, international standards and limiting international treaties of the responsibility of passenger airline companies, especially the Warsaw and Montreal Conventions, are prevalent in relation to the Consumer Defense Code". At that point, by operation of law, hundreds of reimbursement lawsuits filed by insurers against airline companies, due to loss of and / or damage to the transported cargo, were suspended, waiting for the trial of the aforementioned lawsuit, whose decision would probably mark (mistakenly) the Judiciary's understanding of the subject in question. I permit myself to say (and repeat) mistakenly, because, with due respect to those who think otherwise, there is no relation between the discussed matter in that extraordinary appeal and the reimbursement lawsuits filed by the insurers. The process judged by the STF is about, briefly, the baggage loss occurred on the passenger air transport. A completely different situation is observed on the reimbursement lawsuits filed by the insurers in which is discussed the

default of a cargo transport contract. The suspension of the reimbursement lawsuits was the prelude that the decision of STF would probably make the judgmental, in some cases, to mix “apples and pears” and they would a p p l y, i n d i s c r i m i n a t e l y, t h e understanding of STF for all kind of “similar” case. However, as mentioned above, there is no similarity between the mentioned lawsuits. In this way, it looks logical to conclude that “different” lawsuits ask for “different” decisions”. As it has already been debated by defenders of the thesis that I also defend, the application of consumer protection legislation, for the regressive reimbursement lawsuits does not reveal a crucial point. Actually, the duty of integral reparation comes from several fronts (Civil Code, Federal Constitution, Brazilian Aeronautical Code, gist 188 of the STF itself) and the Convention of Montreal itself that, at least in my opinion, restricts the compensation paid for the chances of a navigation accident or even when there is no serious fault on the part of the company's representatives.

Fabio Spinola Esteves Rocha is Coordinator of the Litigation and Compensation Centers of Haüptl Office, he is graduated in Law by São Francisco University, Post-graduate in Civil Law and Civil Procedural Law by Paulista Law School.

As service providers of the insurance market, we have been followed very closely the decisions pronounced in regressive lawsuits. We already came across judges that “closed the eyes” and applied that understanding of the STF indiscriminately and in an uncompromising way with the justice, as well as we have already had the pleasure to follow decisions where the judgmental had the sensitivity of not extend irresponsibly the effects of the STF decision to cases in which it does not present itself as a paradigm. At last, it is a good fight, and it is only beginning, and we have (as lawyers of a part of the insurance market) total responsibility on conducting this matter with the seriousness that it deserves.


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REINSURANCE

Strategies to keep the lead in the Brazilian Reinsurance Market In 10 years of open market on the segment of reinsurance in Brazil – thus very recent if compared with the international markets already very mature – we left an environment of a unique reinsurer agency to another with more than 100 reinsurance companies operating in Brazil classified at Susep as locals, admitted or eventual. The IRB Brazil RE, that in the closed market held the reinsurance monopoly, since the market opening, keeps the lead in Brazil. “With the rupture of the monopoly, we have focused in an extremely strong work to keep the lead of the IRB Brasil RE in Brazil and in order to adapt ourselves to the new reinsurance market in the c o u n t r y. ” , a f f i r m s J o s é F a r i a s , Corporate Director of Reinsurance at IRB Brasil RE. According to him, with the market opening, some of the insurance companies migrated part of their capacity to other reinsurance companies, as a test, but they finished coming back. “From 11 business lines that IRB operates – hardly all except for health – we are leaders in nine of them. Now we a seeking the lead in Latin America”, says. “In 2015, IRB started to build a structure to become international with the opening of the office in Buenos Aires. The Brazilian market continued to be the pillar, but there was a targeting on operations abroad with a focus on Latin America". The main business lines of IRB Brasil RE are property, rural and life. The revenue comes from a diverse portfolio: 64% Brazil and 36% exterior. In these 10 years of opening, IRB Brasil RE needed to reinvent itself. Before, it was almost a comfort zone, it was mandatory to accept all risks and all risks had to be closed with IRB. After, it was necessary evaluate each risk that was presented, indicate improvements

He highlight that a good risk management from the insured side is properly underwritten by an insurance company based on a good prior risk inspection, it foments the market as it mitigates the risk of claim. “In case of a claim occurrence, most likely these losses will not be so severe."

José Farias, Corporate Director of Reinsurance

A good risk management is fundamental for the acceptance of it by the insurer, since it takes to a better evaluation of this risk and consequently it has influences on the pricing, deductible, accepted coverage, etc. “Risk management is not only prevention of property damage, but also the care about people

in order to accept them, and face the competition market. In order to reach the level it is today, according to José Farias, changes were needed: a culture change for a vision focused in the customer; offering reinsurance capacity with a wide range of services, improving guidelines and control tools and pricing; heavy investments in technology; innovation programs insurtechs; operations abroad with support of strategic partnerships; operating leverage supported by robust retrocession program; operation supported by strong compliance mechanisms; and open doors policy, reinforcing the local decision power. Claim Regulation and Risk Management In this scenario it is even more important the claim regulation and the risk management for the market development. “While the risk management/control represents the beginning of the process, the regulation is the delivery of a safe product at the end. They are intrinsically connected “, says Carlos Augusto Velloso, Claim Director at IRB Brasil RE.

Carlos Augusto Velloso, Claim Director

life involved in the insured operation. The preventive maintenance enlarges the lifetime of the equipment and structures. Thus, a risk inspection is fundamental and determining for the acceptance of a risk at the insurance and reinsurance market. That risk must be known by the insured which must take actions to identify, mitigate and control the risk”, points Velloso.


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The product of a good claim regulation has as its aim: Ÿ

Calculation of losses, with payment of the correct amount;

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Reduction of improper or unnecessary costs, with the correct calculation of the damages and payment of an indemnity duly adjusted by the regulation;

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Fraud control (market studies show that about 30% of the requested indemnities are fraudulent;

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Customer service as feedback of a "safe" product - Delivery of the insurer's product with speed and quality;

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Partnership with new companies to renew and develop the regulation market;

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Development of new technologies in the area (i.e.: Drones used as tools to evaluate the losses, reducing the cost and the length of the regulation);

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Improvement of the contract terms based on the learned experience from other claims;

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Knowhow exchange – with the more complex claims, one always learns more. In these more complex cases, it is common the involvement of professionals from different specialties, whether experts, regulators, lawyers, often bringing experience from abroad, in addition to the internal teams of insurers and reinsurers, and the opportunities for information exchange are diverse.

News In terms of innovation, the IRB Brasil RE executives highlight also that the Claim area is developing an application for agro claim regulation, RC Claim regulation manual, bus for the clients of this segment and the development, in partnership with the Marine area and the main clients of the Product for the recreational craft, a query integrated platform for consultation of claimed vessels, with the aim of reducing the frauds in this segment.

PROPERTY Fox Regulation & Audit innovates with online inspection Since July 2018 Fox Regulation & Audit, in its property segment, starts to use a new online inspection system. “Our inspector analyses and inserts data in the system through a mobile phone or a laptop and the customer can follow it in real time”, explains Alexandre Massao, partner at Fox Regulation & Audit. With our new system, the inspection processes are faster and clearer for all involved, as the insured and the insurer. The system will be available for Property insurance, as engineering risks, completion of construction work and also loss prevention.


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EXPXERTISE

Cases of stolen cargo recovery Operating in our transport insurance market demands a constant seek of evolution to offer a good risk management, to be always ahead of the criminals, and offer the best risk analysis to the insurance companies. For this reason Fox Group has aggregated new companies and specialized professionals, offering a complete support to the cargo transport. With the

new services recently incorporated, we have had even more success on cargo recovery. “We are improving our intelligence services and looking for partnerships to offer the best to the market, declares Paulo Rogério Haüptli, Director at Fox Group. Food Products Recovery

Shoes cargo found

I n M a y, t h e c o m p a n i e s F o x Regulation & Audit and One Risk recovered another important cargo. In partnership with the local police, they were able to find the criminals and recover the cargo of food products evaluated in thousands of Reais in the city of Ibimirim in Pernambuco.

In the beginning of June, a bit more than one week making part of the Fox Group, EM Logistics Risk Prevention already showed the efficiency of this partnership. At using the tracking software of One Risk, also a Fox Group Company, the companies performed the recovery of shoes cargo that had been stolen, valuated in approximately R$ 1 million.

Beer Cargo Recovery In the same month Fox Regulation & Audit and One Risk and EM, worked together to recover a cargo of Budweiser beer. The driver who carried out the products transport from Ambev to the distribution point was approached by criminals who took the cargo. The Fox Group team was called by the insurer and, by using their technology and with the support from the police; it found the cargo being unloaded by the bad guys at a site in Campinas. Two people were arrested.

Olive Oil Recovery In a joint action with the Delegate of the General Investigations Department of Araras-SP, Dr. Tabajara Zuliani dos Santos, the companies Fox Regulation & Audit and One Risk worked on the recovery of a cargo of olive oil, valued in R $ 390 thousand. The investigations of a suspect in the neighbor city of Santa Cruz da Conceição (SP) took them to a ranch where the cargo was apprehended.

Assistance in combating theft and receiving cargo Fox Group has its team in readiness and following the details of the transshipment operation which was set off by the Federal Police on 17th July with the specific purpose of combating crimes of theft and receiving cargo.

simulated they had been kidnapped by robbers while other criminals performed the deactivation of the security devices of the truck and the subtraction of the load and at the end the driver attended to a police agency to registry a false crime.

The operation is aimed at disarticulating a criminal organization involved in theft and reception of cargos and trucks in several states in the Northeast and Southeast region of the country, using false communications of robbery crimes, vehicle tampering, blows to insurers and other crimes.

Although the investigation was conducted by the Federal Police of Alagoas, 173 court orders were issued by the 17th Criminal Court of Maceió / AL, 106 search and seizure warrants, 64 arrest warrants and 3 interdiction for companies involved in the receipt of goods, which were fulfilled in the States of Alagoas, São Paulo, Rio de Janeiro, Bahia, Ceará and Pernambuco.

The scheme had the participation of the truck drivers who


TRANSPORTS

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Insurance: road cargo theft strongly increases It is impressive what we are living in this country. What we know, it has everything to give your people the best life quality that can be offered. Within this, we can mention what has happened in the road freight transport. We have seen that, practically, there is no more how to be carried out safely. Especially in SĂŁo Paulo and Rio de Janeiro which concentrate most of the reported thefts. In Rio de Janeiro, the situation is very serious and the refusal to transport puts in check the supply of the city. How will the city behave, in special the authorities, and even more the population, with the supply shortage? Specially the supply of food products? Besides the politicians, now the organized crime, which is not a nowadays situation, but has grown too much, does its part in the destruction of the city. What it is intended to be done it is unknown. Will the Federal intervention in progress solve the problem? How can the population and insurers

change this? Should they oblige the authorities to be more effective in combating cargo theft? Go to zero tolerance? It is the ideal, but how will everybody react to this, when at each strong action of the Police, it is strongly criticized in this Country? Will the same happen to the Army? We need to adopt the same practice that New York took several years ago. Zero tolerance. Or should it be demanded to the carriers to have in each vehicle, together with the cargo, strongly armed security, as leaving to a war? Which in fact it is? But how much will it cost? Is it feasible the security in each vehicle or other vehicles following it? What about the matter of having two million cargo vehicles in the country? It is a very complicated situation and unfeasible both physically and economically. The insurance companies, we understand, do not have ways to force these actions to the police or the carriers. Perhaps their strength is not to take on more insurance, as a way of forcing it, and to have no losses. But, they are insurers, their business is this, how can they not work it anymore? Is it possible that, maybe, some time ahead, a union of all these i n v o l v e d parties? Maybe, on the limit. After the supply shortage, after not hiring insurance and the refuse on carrying out the transportation.

Samir Keedi is MBA Professor and Customs Professor, bachelor of Economics, master and author of several books o n t r a n s p o r t at i o n , insurance, logistics and international commerce.

In other words, absolute stoppage. We ask ourselves if the automatic vehicles and drones would be the solution. Then the cargo theft would be hindered, even more if tires and glasses of the vehicle were armored and impossible to damage them. But this is still far. With the drones would be much more complicated because the cargo capacity is very small, therefore it is not a transportation option. And it could be easily slaughtered in the air. We are really living an unusual situation in this Country, unimaginable to our potentialities, size and population. We believe that at this moment, we have to trust that this country will stop to be from the impunity. Of course, this is the most appropriate explanation for what has been happening with cargo theft. Brazil, let us change our history of more than 500 years, how many other countries did over the time, specially during the last two decades, through the schooling and firmness, Japan, Finland, South Korea, China and now in the line India. Let us stop being the “country of the future� because it does not exist and nobody ever saw it. Just the present exists, and it is now that we produce, transport and insure the goods. Wake up Brazil, sleep cushions the impressions and impedes the advance.


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GUARANTEE

The guarantee insurance and the subrogation success Since the advent of the Guarantee insurance in Brazil, its way of acting in the most important modalities, was linked to the need of proof of losses by the insured, as can be seen from the text of the Newsletter 32, dated June 6, 1978, by SUSEP – Superintendence of Private Insurances – that approved the model of Insurance Policy and Proposal for it. The Insurer, in view of the statements contained in the proposal and other documents that, as a basis for the guarantees of this policy, become an integral part of this agreement, undertakes to indemnify, in accordance with its General and Particular Conditions, the damages arising from non-compliance with contractual obligations assumed by the guaranteed. As in other markets, the first use of the guarantee insurance was linked to administrative contracts, so understood as those which having the Public Administration, directly or indirectly as one of the parties, signs with a private individual, a contract governed by the rules of public law, exclusively , aiming at the achievement of public interests (CARVALHO FILHO, page 161). The Civil Code in several mechanisms establishes that the existence of loss is effective antecedent to any indemnity, as it appears, for example, in the Article 776:

exclusionary grounds of the policy. Thus, from the mere signing of a contract, there are attached obligations that are independent of the one formulated by the parties. For example, the delay in the delivery of the object, the possibility of charging interest, the right to receive losses and damages, the right of the contractor to obtain the receipt for payment, the right to maintain the economic-financial balance of the adjustment, the exemption from liability in the event of a fortuitous event or force majeure, the right of retention and several others specified by law. But, not just these. Others were incorporated by law as open clauses, capable of adapting themselves to the concrete case, to the conditions prevailing at the time, as occurs with the objective good faith clause or the social purpose of the contract. In general, , termination or rescission of a contract, with the removal of the contractor for failing in the execution, total non-performance or default of direct, annexed or conduct obligations cause the company to be replaced in order to take back the object of the agreement, replacement which represents a pathology conducive to losses that can be covered by insurance. Indemnity

Art. 776. The insurer is obliged to pay in cash the loss resulting from the risk assumed, unless agreed to the replacement of the thing. Regardless of the amount predicted as the limit of the guarantees, the need to determine the loss to promote indemnity requires the proper regulation of the claim and determination of losses and culpability, that is, who gave cause to the event. This is of the utmost importance because if the claim is caused by the insured himself this is one of the

Characterized the claim, the insurer shall indemnify the insured, paying the amount described in this policy, considering the reductions predicted in the contract, since the loss resulting from the default of the Policyholder, for the purpose of this insurance, is the amount guaranteed by this policy. Accordingly, a whole process of claims regulation is carried out with the evaluation of the arguments brought by the Insured and the Borrower, and

Hilton Gomes dos Santos, Head Claims Brazil, Senior Vice President at Swiss Re Corporate Solutions Brasil Seguros

supported by all pertinent documentation in each case, the insurer meeting with its appointed advisors according to the specificity of each concrete case will issue its opinion on the existence or nonexistence of coverage for the event claimed, as well as determine in case of coverage the amounts calculated of losses to which the beneficiary of the indemnity will be entitled. It is undeniable that the spirit present in the guarantee insurance market, from its very first moment, was always linked to the previous determination of losses, before promoting the payment of any indemnity. This feeling is justified by the fact that the possibility of obtaining the future compensation of the indemnified amount depends on the proper management of the enforcement actions, monitory actions or even knowledge, for which it must demonstrate that it acted correctly in the administration of the assets belonging to the mutuality. In this sense, it is incumbent on us to bring up one of the most important issues in a claim regulation of guarantee insurance, which is subrogation in the face of the policyholder and his guarantors. In our view, the sub-rogation process must begin at the beginning of the claims regulation, at the moment that the claims team and its regulatory advisors must initiate all investigative measures to safeguard a possible reimbursement.


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Awaiting the outcome of the claims regulation, in order to initiate the reimbursement process, many times it will bring losses to the insurer, which will have great difficulties in the exercise of his rights of return.

policyholders' assets to cover the eventual payment for their default, the Insurers usually have in their hands only one Contract, known as the Counter-Guarantee, which nor does it constitute an extrajudicial enforceable title.

More than that, the access to the judiciary is not a perfect guarantee that the insurer can recover the amounts paid. Unlike banks that, when issuing surety letters seek to preserve and reserve a portion of the

For these reasons, we believe that the conduct of a strong instruction that supports a negotiation with the policyholder still in the regulation phase of claims will always bring greater success to

the insurance company to recover amounts that may have been indemnified. Insurers need to rely on existing commercial relationships with policyholders to leverage a possible negotiation in a non-litigation phase, which will always bring more fruitful results in the pursuit of recovery of amounts to be indemnified, a long-standing practice in the North American market, vanguard country for the guarantee insurance.

PANORAMA Insurance reserves opportunities for good brokers The event Insurtech Brazil 2018 reunited startups, investors and insurance companies to present and meet new ideas to attend the modern consumer. We live an eternal discussion about the named declinable risks and other about the advance of internet insurance sales models – I call them sales because these systems are based on the price not on the service that the good professional broker is qualified to do, day to day to his insured. I personally do not believe in the existence of declinable risks or even in the internet sales systems. When we know how to look for, we find acceptance for just about everything. Of course: everything but the real bad risks, that actually do not have conditions to be insured, but they could be qualified if they were handled to have a good protection system. So, the broker has to be prepared to, before submitting a difficult risk to the market, make it better. This can be obtained with recommendations of an inspection report or detailed check list which can be done by the broker itself in case of interest, in the way to stimulate the interest of the market in the account showing that it is good and deserves to

be seen by the insurance companies. In my opinion, the secret is to know how to look for, and, in some way, to show that it is a good risk in an activity considered difficult, in this way trying to awaken the interest of the insurer. Another way, if there is a slightly more expressive premium, it is look for the support of a reinsurance broker and get approached to the market already with a condition of retrocession in hands, what, in many situations, solves the problem. In a similar way, the internet sales systems do not scare me either, because no matter how good the electronic broker is, it cannot match the level of the service that a good professional provides and furthermore these "systems" imply a significant investment in media, telemarketing, and the development of tools that often end up being offered to brokers at no cost, even because the dynamics of development of these tools and new electronic distribution channels quickly become obsolete and/or public domain.

Renato Cunha Bueno is partner-director at ARX Re Reinsurance Broker and coordinator of the High Risks and R e i n s u r a n c e Commission at SincorSP.

What I think it is important is that the broker has facilitators and electronic channels for disclosure, also as an alternative access to an existing customer portfolio, which is neither expensive nor difficult. For this reason, I believe the Professional broker that provides service has a bright future ahead. For this professional, the declinable risk is an opportunity and, considering that the digital platforms will never provide services with the quality and breadth he can offer, this ghost can also be moved away.


26

INSURANCE DISTRIBUTION

An empirical analysis of the online insurance consumer profile by the purchase motivation Since 2013, much has been sought to know and understand about the online insurance consumer profile, and there are several researches and analyzes with different classification criteria. In a quick web search, we are already faced with numerous studies and researches, classifying e-consumers by the most diverse objective criteria, such as gender, marital status, age group, socioeconomic level, preferred segments and products, time of purchase, origin and local of the search (whether at work or at home), profession, region of the country, whether they already had insurance or not, what would be their preferred payment method, the types of device used in the search and/or in the purchasing process, whether through cell phones, laptops, or desktops (the latter, already fated to oblivion soon ...). In addition, in search for a greater efficiency, the market already relies on several technologies and tools of Business Intelligence and Artificial Intelligence, in order to cross all this information, to map and understand more and more the consumer of digital insurance. It happens that as a student and passionate about the sales and negotiation process, I confess that I have never had the opportunity to access a reliable, deep research that addresses the most subjective and behavioral aspects of what we could call motivating factors of the purchasing decision in this universe. More than any other qualitative or objective analysis, it is necessary to know the reason, many times unconscious, by which a consumer decided at that time to enter a website and search or buy his insurance. As CEO at NKF Corporate Training, consultancy that acts in training and

sales qualification, we have been deeply studying for the last 15 years the discoveries in the field of neuromarketing and behavioral economics, through authors like Daniel K a h n e m a n n , A m o s T v e r s k y, D a n Ariely, Martin Lindstrom, Cristophe Morin, Clotaire Rappaille and many others. It has been proven that this type of analysis and targeting is fundamental for the success in any type of sale, on or offline, after all, much more important than knowing the gender, marital status or whether a customer owns car or not, what makes the difference when it comes to selling an insurance, it is to know what the customer is feeling at the time of research or purchase. For this reason, in order to always improve our sales and negotiation processes, at H&H Insurance Broker, at segurobarato.net, our branch of online insurance, or even with our clients and partners brokers and startups in the insurance segment, to seek an increasingly effective digital environment, we describe below the seven (seven again?...ha ha) types of customers that buy their insurances through the internet, however this time classified by their “drive�, their research and purchase motivations. The question we wish to answer is, after all, why do they access the internet to buy their insurance? What do they look for? I would like to point out that the present essay is eminently empirical and based on behavioral analysis and the observation of day-to-day sales in more than 30 years of experience in the offline insurance market, added to the vision and curiosity of someone who studies sales for 20 years and tries to know more and more the consumer and the operation of this market that is still

Richard Hessler Furck is an insurance broker, M B A P r o fe s s o r, consultant and speaker. CEO at H&H Insurance Broker, CEO/ Founder of segurobarato.net and CEO/Founder of NKF C o r p o r a t i v e Qualification.

very new since its advent. The customers described below are not hierarchically classified, or even have any kind of value judgment. This analysis seeks only to prepare the entrepreneur who is involved in this process, to deal with the consumer's feelings and expectations. They are: 1) HUNTER: They are the customers for whom, regardless of the quality presented, the speed of service, or the excellence of the service provided, they will always be motivated by the culture and the perception that "there must always be a cheaper and better deal on the internet." Thus, they will hardly be loyal after a purchase, because at any opportunity they will tend to look for better prices or more friendly purchasing processes, in a more modern website or in a more visible company at the moment. It is the case of the boy in his twenties who, contrary to the indication to quote insurance with the broker who always assisted his father, really wants to show that he can get a better deal on the internet by himself. 2) HEAVY USER (Habitual): It is the consumer that got used to the internet channel as his predominant and preferential way of learning, researching, purchasing and solving problems. They can be both younger consumers who have already been born in a world


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where the internet is the source of all their problems solutions and longings, and the older people, who come from traditional offline markets but who have scarce time, they want to have more decision-making autonomy, they do not like to shop, or even prefer to buy without the "pressure" of vendor interaction. Many have begun to know this universe at least 10 years ago, buying books, then moving on to succeeding digital markets, buying movie tickets, discount coupons at restaurants, and as confidence in the process increases, to close travel packages, and to get clothes, shoes, pizzas, wines, and today they try to do everything they can through the internet. The preponderant element in the decision to purchase of this profile is that they seek to save time, "trust" the web environment, pay on credit cards or digital ways like Paypal without fear, they are quite autonomous and know how to "turn around" by themselves in the search for information, and can even be loyal to a brand or website, for the practicality of purchase or quality of the product. Note that "quality" for this consumer, can be translated into an intuitive and faster navigation website, with short and optimized questionnaires, easy access to information, good positioning on research pages, and most of all, possibility of exchange, and reliable delivery. 3) LATE ADOPTER: It is the incoming consumer, effectively new in that market, who is not in the habit of consuming that product or service, but who has decided to research on the subject and progresses to the purchase decision. As examples, I can mention the case of the person who never made insurance (for never having cars or even having no habit, even having a car for years), but who was "afraid", motivated by some near external factor, such as the theft of the car of a relative or friend, or even the executive who has arm pains and is looking for an expert "elbow" acupuncturist. The late adopters of tangible products can become more loyal and become more frequent consumers, but if a late adopter pays R$ 3,000 in an insurance

for the first time and does not "use the insurance", they may give up the market again . 4) AVENGER: It is the consumer that already has a provider of the product or service, on the offline market, but for some eventual problem, an occasional bad service, decided to "take revenge" using the internet. It should be noted that some of them starts from a (false) perception that on the web there are no traditional offline trading costs, such as commissions from sellers and brokers, and therefore, "if it is for no one to help me, then I do everything on my own through the internet.". As this relationship of consumption was born by a noise in the past relationship, this customer can be loyal, if the new online relationship already starts demonstrating a behavior perceived as positive by this new consumer, or the offer of a product or solution that had not been presented by the previous supplier. 5) SĂƒO TOMÉ: It is the one that actually intends to maintain the relationship with the current provider, and prefers to be loyal, but that uses the convenience of the digital universe only as price comparison, to "clear up the question ". In cases of small differences, or tie of the values in the internet, he tends to prestige the current provider, and most of these clients, also tends to inform the provider about the values to be covered, if the price of the web is lower. It is important to analyze

that this behavior of the consumer should not be observed by the current off-line providers as a "negative" behavior, since this is an increasingly common trend, and I really believe that soon, probably the vast majority of consumers of products and services will behave in a similar way, whether with insurance, travel or any other products and services of a non-specific nature and that are based on a relationship of strict trust. 6) OUTCAST: It is the consumer who is "exiled", who does not belong to a certain market, by exclusion, for example, an insured person who has a property of difficult acceptance, or profile of rate greatly aggravated, and who ends up resorting to the internet, as last resource. If this consumer gets a solution to his problem he tends to be loyal because he has found solution when he needs it most. 7) OCCASIONAL: It is a consumer with an immediate specific need that needs to be met, and who has no loyalty relationship with any provider or supplier. The need can be a travel, a solution for an immediate problem (such as look for an electrician), or even the purchase of a specific product. It happens, for example, when a company director, overwhelmed by work, asks his secretary to take out the insurance of the new car that he has acquired for the company, for his wife or for his son. Or, the employee of a company that receives as a task, solve a problem or make a punctual acquisition. Again, when the sales speech turns to attend to whom is quoting and not to the final recipient of the purchase, there may be loyalty of this channel. Of course, this essay is not intended to classify all types of consumers and deplete the subject. On the contrary, what is intended is only to provoke the discussion about this type of approach, with the objective of mapping the potential consumer purchase expectation better and more assertively in order to develop a more effective speech or sales environment in the online insurance universe.


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EVENT

Conflicts between Powers, Economy and Corruption were highlighted themes during the VI CID – International Law Congress ourselves, so that the legal universe we have results in a greater balance of society”, says. The panel also counted on the participation of the President of the Union of Exporters of CPLP, Mário Costa, who emphasized the important role of Justice and Law so that the potential of the CPLP can be realized: "The main problem is the businesses security. There are many natural resources, know-how and technology, but we lack business security ", listing real cases faced by the entrepreneurs from these countries: "If we want to do business there must be a dialogue between courts." VI CID – International Law Congress, held on July 10 at the Court of Appeal of Lisbon, Portugal, addressed the theme "The Challenges of Justice and Society in a Globalized World". The event had three thematic sessions with national and international journalists and jurists who dealt with issues such as "Conflicts between the Legislative, Executive and Judiciary Powers", "The Courts and the Economy" and "The State and the Law in the face of corruption ". In addition, the Congress had the presence and lecture of Prof. D r. A d r i a n o M o r e i r a , w h o a l s o received a fair homage for his work in the legal universe. The first panel of VI CID, about the conflicts between the Three Powers was moderated by the SecretaryGeneral of CJLP - Community of Jurists of Portuguese Language, Dr. Nelson Faria de Oliveira and counted on the participation and lecture of Dr. José Eduardo Cardozo, former Minister of Justice of Brazil, Judge Alfredo Attié, President of Paulista Academy of Law, Dr. Eloisa Arruda, Secretary of Human Rights and

Citizenship of São Paulo (Brazil), and Dr. Pedro Paulo Manus, Director of Law College of PUC-SP. The panel was marked by issues such as labor law and the "Judicialization" of Health in Brazil, which according to Dr. Eloísa Arruda: "There i s a lack of conversation between the Executive and Judiciary, not in bad faith, but many times for lack of knowledge ". The second panel moderated by the Honorary President of UIJLP – International Union of Judges of P o r t u g u e s e L a n g u a g e , D r. N u n o Coelho, was attended by jurists such as D r. G e r a l d o D u t r a d e A n d r a d e , President of AMAPAR Association of Magistrates of Paraná (Brazil) who addressed the relevant impact of the judiciary on economic issues ranging from environmental matters to the circulation of goods and services; Dr. Guilhermina Freitas, Vice-President of the Lisbon Court of Appeal, also the journalist José Gomes Ferreira who declared that “more than guardians of the laws, they must be guardians of the moral interests of a country”. This is a challenge which we all should put to

The third panel, moderated by Dr. José Mouraz Lopes, Juiz Conselheiro from the Court of Auditors, approached a very current theme, "The State and the Law in the Face of Corruption", it counted with participation of Dr. Ramos Soares, Judge (Desembargador) President of ASJP - Association of Portuguese Judges, who revealed that “17 thousand Euros disappeared from the bank institutions in recent year in Portugal! What shows the relevance of the problem and what needs to be seen in an integrated way.” Other data were also revealed by Dr. Jayme Martins, President of AMB - Association of Brazilian Magistrates: "Corruption (in Brazil) is taking from 17 to 35% of what the Government is paying for the works," adding that "Unethical conducts, corruption on a greater or lesser scale are also identified in the society. "The journalist Luís Garriapa also participated in the panel emphasizing that "without good journalism the fight against corruption will be much more weakened". After these three panels, the VI CID


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counted on the lecture of the Professor Dr. Adriano Moreira who started his speech pointing out his concern about the world wide violence. “It is the first time that the World is on the hands of two men who can unleash the end of the life on earth how we know it”. He has emphasized the atomic bombs and bombings of the great wars, which has led these generations to reaffirm their faith in equal rights between men and women and the dignity of the human person for future generations. This was followed by the presentation of the tribute to Professor Dr. Adriano Moreira, awarded by the CJLP Community of Jurists of Portuguese Language, by the Lisbon Court of Appeal, UIJLP - Union of Judges of Portuguese Language and CIC International Center of Culture, handed out by the host, Judge (Desenbargador) Orlando Santos Nascimento, on the Tribute Plaque said: “On the occasion

o f t h e V I International Congress of Law, held at the Lisbon Court of Appeal, we have conferred on the most i l l u s t r i o u s Professor Dr. Adriano José Alves Moreira this special Homage for the remarkable j u r i d i c a l knowledge, to the one who shared his knowledge with the entire Legal Community of Portuguese Language and that is worthy of our admiration, esteem and respect ". The closing of the congress was marked by the presence of Judge C o u n s e l o r D r. J o s é F e r n a n d o d e Salazar Casanova Abrantes, VicePresident of the Supreme Court of

Justice. The CID - International Congress of Law perpetuates with these initiatives, debates and reflections, which can improve and bring to the applicators of the law, concepts and situations that are often unknown and difficult to solve, which alone can give new impetus and a new form solutions of conflicts of interest for the benefit of society as a whole.


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TRANSPORTS

Logistic: still a Brazilian problem In Brazil, unfortunately, the investments and efforts directed to the improvement of the logistic infra structure and the debureaucratization, has not been able to match the real needs, with more volume and operations more and more complex. Like the several studies show, the commercial activities in Brazil, both national and international, lack more efficient operations, less bureaucratic and a logistic structure more efficient and compatible. It is no coincidence that companies set up in Brazil, focused on international commerce, for example, find a myriad of difficulties to distribute their goods: high cost of the transport, high taxes charged by a number of agencies and excess of laws and documents, more complex and many times conflicting, these are just some of the obstacles that make the so-called 'Brazil Cost' that negatively affect business competitiveness. More often, transport, which is predominantly road-based, is directly affected by the low availability and inefficiency of the ports, the precariousness of most of the road network (less than 15% of the total is paved), low supply of logistics operators and carriers, low supply of intermodal terminals, low availability and inefficiency of dry docks, low airport availability and inefficiency, low supply of waterways and river ports, and 'limiting' status of railways. Studies carried out by the National Confederation of Industry (CNI) and the Center for Excellence in Logistics of Getúlio Vargas Foundation (Celog / FGV) indicate that Brazilian exportation to South America, with the exception of Ecuador and Bolivia, has a negative performance compared to its true potential due to the limited and deficient Brazilian logistics and transportation infrastructure. These potentials are

calculated taking into account the distance and the size of the markets ("Challenges for Logistic Integration in South America"). CNI itself estimates that a 10% drop in transportation costs would generate more than a 30% increase in Brazilian exportations. Data from World Bank, in turn, show that faced with the bureaucracy and excessive customs requirements, the average time for exporting goods in Brazilian ports is 13 days and, for importations, 17 days. This, according to CNI, represents an additional average cost of 13% to the exportations and 14% to the importations. The size of the bureaucracy, according to CNI: 46 different procedures, managed by 12 agencies which generate impact in 23% of the exportation processes in 2017. About the importations, there are 72 obligations controlled by 16 government agencies which mean an impact of 59%. However, if the World Bank Logistics Performance Index, in 2016, places Brazil in the 8th position among the ten biggest of middle-income earners and in the 55th position among 160 analyzed, it is not a surprise the fact that for more than 15 years and despite having a GDP that represents 2.4% of the world GDP, the country only carries out 1,2% of the total exportations. Even though it is the 9th largest economy in the world, Brazil is only the 25th largest exporter. Brazilian exportation represents 13% of GDP; the world average is 42%. Even in a moment of crisis like the current one it is necessary to look for solutions for the logistic infrastructure problems and the excessive b u r e a u c r a c y, b e s i d e s p r o v o k i n g corruption, disrupts the business life and obstructs the efficiency. CNI estimates that the “Portal Único”, in development at MDCI (Minister of Development, Industry and Commerce), on solving the

Paulo Roberto Guedes is Logistics Expert, adviser at ABOL – Logistic Brazilian Association

problems of the excessive bureaucracy, will be able to generate additional gains up to 2030 of about US$ 75 billion in the GPD. In 2005, on writing an article to Folha de Alphaville (“Brazil: Monetary Policy or Economic Policy?) He concludes that “the lack of investment for a long period like Brazil is facing now, will only worsen its situation in the future, because it will have already compromised a whole generation of people, since they will not be able to exercise their roles as citizens, due to the past and present needs in its broader concept: educated, politicized, supportive, healthy, housing, work and conscious of their rights and duties. In addition, the lack of investment in infrastructure will contribute to the very high cost and low productivity and the economy as a whole. " If the beginning of the solution for the crisis in Brazil depends on the balance of the public finances, investing in education, health and public security is also necessary. It is fundamental also, but together with the private segment, investing in logistic infrastructure. But for this, it will be necessary to overcome several obstacles: political, economic and legal, when not ideological. It is a good task for the new government that will be installed on January 1st 2019.


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SOCIAL RESPONSIBILITY

NGO helps families of injured or victimized police officers who are going through problems One more NGO endorsed and supported by Fox Group, AFAPM – Military Family in Action – that offers support to the families of the Military Policemen. The founder and current President of the NGO, Renata Marcondes, 44, is granddaughter, daughter and wife of military policemen e during whole her life lives together with the problems of the wives and families of those that give their lives to the population and end up injured or killed. AFAPM was started in São Vicente, coast of São Paulo, with the creation of a WhatsApp group of wives of policemen where they indicated families that were going through problems and they reunited themselves to offer help. They received donations of products that were given as prizes in raffles or donations in cash from people that became godmothers of a particular family. The help worked so well that the people from other cities started to look for the group which became official as a NGO in February of 2017. “We from AFAPM have as target to provide support during the most difficult moments, helping the widows and families that “lose the ground” after the loss, supporting them emotionally and psychologically because many times, these men were murdered in front of their wives or even the children. We provide support to the policemen who, many times, are off because of an accident or illness and are going through financial problems. Our family has as aim provide social and psychological assistance, beside of training wives and children of policemen by holding preentrance exam courses and also workshops that will allow the wives on helping the policemen with an extra income”, affirms Renata. According to her, when a policeman is victim of an accident, it can take some time to receive the indemnity from the State Government. In case of accident, he is taken from the streets and placed in

administrative tasks, however, most of time, his income is reduced. “When a policeman is taken from the street and his salary is reduced at least to 50%. It is not a high salary anyway, a policeman earns from R$3k to R$4k net, he starts receiving R$1,5k, so he pays his rental and the salary is over, many times it comes a situation of eviction because he cannot afford to it.” When he goes to death, the family is sometimes in risk of losing the pension. “When a policeman dies an inspection is done to know if he died during his work, if he had been murdered but not being on duty, the family does not receive the pension. And even if it has to receive, what we see more is denial from the state, they do everything to not pay. There are wives that take six or eight months to start receiving; they have to file a lawsuit, because there are a number of obstacles that can cause them not to receive. And as long as they are not given the right to receive the pension, they become vulnerable, they have no help whatsoever, and so we try to help and meet the needs of those families in some way. " Renata says that the military policeman has problems on hiring a life insurance to guarantee his family, because, besides the low incoming, many insurance companies do not accept life insurance for military policemen due to the eminent risk. “It's a very big helplessness, and that's what we're fighting against.” The NGO counts nowadays with the cooperation of 30 women, plus a retired

lieutenant police officer and two active military police officers. The financial assistance is granted for a period of three months. Today, four families are being treated, but in total there have been dozens. "The follow-up may be longer, but the financial help we commit to is three months. We get money to pay bills, rental, and we make good grocery shopping. It is not market basket; we buy meat, milk, yogurt for the children. We are wives; we know what a family needs. We want to offer comfort and dignity to the family of the policeman, who has applied to tests to be a policeman and dedicates himself to the population, and leaves home without knowing if will return alive. " “In the first walk we promoted, Paulo Haüptli, from Fox Group, ordered to make about 200 t-shirts and gave us to sell, and he still bought 10 for his employees. Now we have set our office and Fox donated all the IT equipment. This help is essential for the continuity of our work.”


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34

EVENT

Insurance Market is living a transition between the current and the new The event Insurtech Brazil 2018 reunited startups, investors and insured to present and meet the new ideas to serve the customers. believe they are fast on doing the indemnity in few days, but still there is much to evolve.” declared. Beatriz Rocha, Head of Innovation of BB Mapfre Group, agreed that insurance is a market that needs a fast transformation. “The companies are more and more looking for speeding up their processes and are investing in several ways. The program Entrepreneur is the way of our company to get connected with the startups in order to get to know new ideas.”

A usual word nowadays, insurtech is a result of the combination of the words insurance and technology. Insurtechs have emerged with the aim of revolutionizing the insurance industry through innovative technologies that change the way consumers purchase insurance. Like fintechs (in the financial market) insurtechs are startups who want to insert new technologies into a still conservative market, and make them benefit from them. Insurtech startups are also benefiting traditional insurers by helping them to modernize the way they offer their services and serve their customers. Many companies are investing and partnering with startups to broaden their vision of the future and meet the needs of modern consumers. The second edition of Insurtech Brazil happened on 05th April, at Maksoud Plaza, held by Conexão Fintech, reuniting more than 700 people, among startups, investors and the insurance market to present and make known the new ideas to serve the modern consumer. An exhibition fair brought booths of 16 startups presenting their solutions, plus an

intense day of programming, bringing together as executive speakers from insurers, startups, law offices and the regulatory agency. In the morning there were five panels and, after lunch, the audience was divided into two rooms, in each one of them there were 10 presentations which brought cases and debates of new technology startups to the segment. Disruption of the insurance sector at hand Pedro Waengertner, co-founder of Ace Startups, advised the startups that it is important to launch an initial version of the product and put it to evolution with the customer. “The biggest mistake is to seek to perfect the product too much before presenting it to the customer, because it is only in this moment that starts the learning process.” He also said that the in the insurance market between sustenance and disruption it is necessary to chose a bit of both, acting in a balanced way with the traditional and the innovation. Daniel Haatkoff, CEO and founder of the startup Pitzi, has the opinion that the whole world has the same challenges in front of the era of the disruption and the new technologies. “ The insurance companies

According to Mauricio Martinez, Research and Development Manager at Porto Seguro and Oxigenio Aceleradora, a number of good ideas are emerging to evolve the segment, “There are many good solutions out of our walls. We also carry out internal actions, because there is a lot of innovation inside our walls, too. We have reached a level where the insurer's areas are looking for Oxigenio to try to launch the most diverse ideas.” The point of view of Murili Riedel, CEO of HDI Seguros, is that for the insurer to continue operating in the automobile segment, in which it stands out today, it needs to see the scenario being designed and adapt to the new reality. “The decrease of the market forced HDI to rethink and create a new design for an innovative scenario”, says. Philippe Jouvelot, CEO at Axa Seguros, declared that the company regularly


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evaluates the offered ideas by the startups. “We consider valid an idea that is for international application and that has a reason for us to invest, that comes from a partner, supplier or insurance broker”. During the panel that Natalie Hurtado, head of the General Secretary of SUSEP, debated the balance between innovation and regulation, she declared that with the technology the companies will better understand the consumer, risks, be able to develop specific products for each person. “The challenges are many; we want to get closer to prepare the autarchy for this future that is inexorable.” In the panel about cybernetic risks and insurance, Gilmar Hansen, Product Director at the startup ClearSale, affirmed that the great advantage of the internet is the access that it gives to millions of users. “But with this, there is also the risk of the not so good users and the cybernetic attacks”.

Bruno Balduccini, lawyer at Pinheiro Neto office, said that the foreigners get impressed with the fast answer of the Brazilian people to the innovation. “Brazilian people like technologic news, like to test new technologies, and what impresses most foreigners is that the day after a launch there are also attempts to fraud”. Paulo Marchetti, CEO Brasil at ComparaOnline, also pointed a Brazilian characteristic. “In Chile if it takes three days to send a policy, it is everything normal, in Brazil, if it takes three hours to send the travel insurance the consumer already opens a call in the website Reclame Aqui”.

it we create expertise to later disseminate the other products”. Manes Erlichman Neto, partner-founder at Minuto Seguros, explained that as an insurance broker that acts on the internet, the great differential is to serve well the client in a consultative sale. “Although we are integrated, we make calculations automatically; the sale to the customer is advisory: we show the differentials of each company and each product in an experience as easy as possible for the consumer.”

João Nogueira, CEO at the startup Appólice, said that the insurance startups are more focused on automobile segment, even while other segments need so much to develop. “This is because the market shows that the main segment is still the automobile, but with

PARTNERSHIP Fox Group is the biggest sponsor of CIST Fox Group intensified the partnership and support to CIST (International Club of Transport Insurance) and it has been the biggest sponsor of the workshops held by the entity in 2018. The Group aggregate six companies, then depending on the theme, at least two companies from Fox Group sponsor the event. “The idea is to continue steadily in partnership with CIST, an entity that promotes qualification and relationship among transportation insurance professionals, one of the main lines of action of the Fox Group, "says the director Paulo Rogério Haüptli. Represented by the companies Fox Regulation & Audit, Haüptli Lawyers & Associates, MedFox, One Risk Global, Norn Risk Engineering and EM Prevention and Logistics, Fox Group has believed in the entity since its constitution, supporting several events held, as well as make itself present with booth in the four editions of the Symposium / Congress that take place annually. The Fox Group brand is also an official supporter on the CIST website.


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TRANSPORTS

Ethics and cargo theft The theft and robbery of trucks always motivated the organized crime. In order to get a better view, one vehicle of medium size can cost about R$ 130 thousand. A bigger vehicle, in turn, exceeds the mark of R$ 650 thousand, figures that usually attract the attention of the crime entrepreneurs to commit this kind of crime.

crime world to get into operations of Cargo Theft: the financial return provided, and the supply-demand ratio in a country where the acceptance of products without origin is relatively high. It is a powerful market of stolen products, with many ramifications, going through receivers and culminating at the final customer.

However, in recent times, the interest of organized crime for goods and values transported by trucks, motorcycles and utility vehicles has substantially increased.

The theme is not limited to this and is quite complex as studies are carried out. Nevertheless, some points are very clear, for example, the imminent need for training and technical qualification for the execution of robberies of this nature. In several cases, there are cargos that demand high knowledge from the criminal organizations which dedicate their efforts to the specialization. The criminals are studying and improving strategies, equipment and qualified personnel more and more in order to succeed in their risky endeavors in this segment.

Criminals have identified in the cargos an opportunity of return even more substantial. A shipment of electronic products may exceed R $ 2 million. Cargos containing hygiene products or perishables are disposed of in clandestine markets, true free trade fairs arising from illicit activities. Nowadays, there are many possibilities and receptors, eager to purchase goods at the lowest possible price, regardless of their origin. Many research centers and companies have been studying this new “funding” of the organized crime to identify behaviors and define the best strategies in order to suppress the criminal action. Many can be the factors that lead the

It is believed that there are many situations in which the privileged information about the shipments, amounts, routes, security features among others, transit from companies to criminal organizations, making easier the criminals actions. These real frauds have to be tackled very strictly by the companies. While leaks of this magnitude happen, the chances of any logistic operation to succeed in this real battle between companies and criminals, increasingly common in the Brazilian cargo road transportation scenario, are lower. And where is the ethics in this

Frederico Augusto Lanzoni, Business Intelligence at Tracker Group

Jésus de Lisboa Gomes, Professor and Researcher at FECAP

context? Do not disrespect the set of norms, ideologies and values that makes it possible to live in a society in a reasonably balanced way. Do not defraud and reach the scheduled appointments in time, just as a simple example, they are in the field of ethics. Opportunistic behaviors lead to the construction of mistrust, because in the long-lasting memory of society there will remain the remembrance that, faced with any vulnerability, we will abused. So, we have to find a “way” to survive, sometimes cheating the rules of everyday life. Repeated practice becomes habit; the habit becomes culture. In a context in which everybody tries to “take advantage”, everybody loses. The ethical behavior inspires trust in the people, in the institutions and organizations, makes easier the relationships, stimulates the businesses and turns the markets more efficient.


EVENT

37

Norn Director presents to the market lecture about explosions and fire claims The expert in Loss Prevention at Norn Risk Engineering & Consulting (a Fox Group company), Jan-Oliver Mollien, was invited by the Center of Professional Qualification Seg News to present the lecture "Important Aspects in the Loss Prevention in Fire Risks" during the First National Seminar on the Regulation of Fire and Explosion Claims. The event happened in the afternoon of 27th July, at San Raphael Hotel, in São Paulo, reuniting professionals from insurers and brokers, employees of property managers, lessors, lawyers and claim regulators.

with transport risk planning, monitoring redundancy and MRP (management risk program) audit; and NORN Risk Engineering and Consulting works in the consulting of Loss Prevention, engineering inspections and monitoring of construction works.

The executive started his presentation highlighting that Fox Group is currently made up by six companies specialized in service providing to the insurance market, and has a team of fault commissioners, regulators, inspectors, auditors, experts, doctors, engineers and lawyers, focused on the s t a t e - o f - a r t c o n s u l t a n c y. F o x Regulation & Audit acts in the areas of claim regulation, audit, inspection, goods recovery, among other services; Haüptli Lawyers & Associates offers legal advice and expertise in security law, with strong performance on litigation (reimbursement) and advisory (guarantee insurance and CR); MedFox acts in medical audit and consultancy; One Risk offers database for transportation insurance and related areas, as support for risk underwriting; EM Prevention works

T h e l e c t u r e addresses the risk engineering as part of the risk management, approaching: basic information on fire risks, explosion; example of claims (development of fire in sheds); loss prevention before the loss limit; facilities for limiting the impact of fire; and Norn services. He presented the culture difference in the fight against the fire by countries. In Brazil there are prevention measures focused on organization, but with poor infrastructure; it is a very large country with less developed areas, causing long distances to the nearest fire department; and it is believed more in people / employees than in automated systems. The solution presented is the investment in firefighters and fire fighting equipment (fire

extinguishers and fire hydrants). In Germany, there is greater investment in infrastructure; it is a smaller country in its area, creating smaller distances to the fire department; and there it is believed more the automation of the whole system. The solution presented includes small compartments and automatic warning to the fire department. In the United States, there is greater investment in infrastructure; it is a very large country with less developed areas, causing long distances to the nearest fire department; and it is believed more in automating the e n t i r e s y s t e m . T h e s o l u t i o n p r esented there includes large compartments with Sprinkler System protection. “The time is the key! The agility in the fire detection is very precious so that the combat can be anticipated, reducing the risk of propagation ", declared Jan-Oliver. “It must not be presumed that the provision of a firefighting system can extinguish unnecessarily the need of other means. It is important to consider fire precautions in the facility as a whole, "he said.


38

OTHER READING

One day without truckers This text was written in June of 2018, shortly after the chaos faced by the Brazilians due to a movement stoppage that involved practically all the truck drivers in the country. This movement reminded me of a very peculiar film that I watched called "A day without Mexicans", released in 2004, directed by Sergio Arau and exhibited basically in the alternative circuit. The synopsis talks about a day when a third of California's population, all of them have Hispanic roots, simply disappear from the territory. They are 14 million professionals from the most diverse sectors that disappear from one day to the next. The film even has some comic trait but brings a very serious reflection on the degree of relevance of the Mexicans in the American society.

and managed to share my trips between walking and public transportation. And perhaps because of the relative tranquility with which I went through this episode, I believe that I was able to keep my critical eye and capture some very particular points: The first is of course, how much we ignore the importance of these professionals and why not to say, so many other professionals of sectors less glamorous but that are very fundamental in our every-day life.

And although the Mexicans in the film, as I mentioned above, were part of the most diverse economic sectors, the great majority was responsible for the execution of those services despised by the Americans, such as plumbers, garbage collectors, cafeteria attendants, etc., that is to say, professionals often invisible to the eyes of whom they serve. Well, although they drive very large vehicles, the Brazilian truck drivers are, most of the time, invisible to the rest of the population. And they became visible just when they disappeared! A very interesting paradox, by the way. I am not going to justify or condemn here in this text the reasons and modus operandi of the truckers' standstill. I remember that the main catalyst for the chaos experienced by the rest of the population was caused by the scarcity of fuel for general supply. I was particularly little affected, since I was able to work remotely from my house

The second is how much we depend on the road transport in Brazil, which only reinforces the certainty with respect to the succession of mistakes (or obscure interests) of the public administration in this subject. The third is how much we can be

Luciana Miliauskas Fernandes, graduated in Data Processing, currently works with Internal Controls and Audit . Her hobby is writing, a bit of everything, but she really loves being an informal film critic.

influenced by the bad journalism. I have read and watched numerous articles on the subject and I wonder how much these materials may have fed the panic in the population. The fuel did not really exist, but that did not mean that we were on the verge of a collective hunger event, as there were food stocks in many supermarket chains and the houses themselves also had their own pantries that could withstand, as they did, a few days without new shopping. But most of the news always looked for the most extreme cases, taking them as truth throughout the Brazilian territory. In my view, a disservice that borders on irresponsibility. And returning to place this text on the moment, we are in World Cup year. A year in which we Brazilians are led to believe that we are either on the verge of a period of great collective hunger or that we are about to finally become the great victorious nation depending on the outcome of a soccer team's campaign. Can not we be more coherent? How about we pay that much attention in the next elections? Which will also happen in 2018. I'm just giving a suggestion ... But back to the truckers. Or the Mexicans. Or all those invisible people who serve the people. I really hope that no further chaos is needed to make them visible.


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Fox News Magazine 12  

Fox News Magazine 12 Support to the Loss Prevention Market Risk and Engineering Consultancy NORN is the newest company of Fox Group Pages 1...

Fox News Magazine 12  

Fox News Magazine 12 Support to the Loss Prevention Market Risk and Engineering Consultancy NORN is the newest company of Fox Group Pages 1...

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