Financial Compensation for Victims of Catastrophes : A by Michael Faure (Editor), Ton Hartlief (Editor)

By Michael Faure (Editor), Ton Hartlief (Editor)

Lately, mankind is not just being affected by all type of average catastrophes (earthquakes, flooding, storms or volcanoes), yet more and more additionally from so-called man-made mess ups, together with technological failures akin to explosions, yet evidently additionally terrorism. lately many ecu felony structures have attempted to come back up with a selected safeguard for sufferers of catastrophes. a few international locations have created a selected fund resolution; others stick with a beneficiant advert hoc strategy wherein quite a lot of repayment are made on hand on an ex publish foundation. This booklet shall concentrate on all of those probably relatively diverse strategies. specialists from various nations file at the manner catastrophes are handled of their specific jurisdiction from the perspective of tort legislations, social protection, coverage or replacement repayment mechanisms corresponding to repayment money. a variety of attainable treatments for sufferers are significantly mentioned; consciousness is usually paid to the commercial research of legislations.

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Ministry Information Folder (supra fn. 31), 8 (table based on data as of November 2002). Austria 25 After the flood many Austrian insurers started to adapt their insurance products. 105 On the other hand, certain insurers now specifically exclude regions altogether where certain natural catastrophes are prone to happen, or at least curtail the maximum cover available for such areas. 107 77 b) Charitable Donations Right after the flood, in response to a call by the Austrian national television network, € 72 million were raised for the victims of the flood, of which € 18 million were contributed by the Austrian government.

Moreover it is sometimes difficult to rank the damaging event among one of these categories. It is namely the case when the damage is the direct consequence of a natural phenomenon but also at the same time the indirect consequence of a policy concerning regional development. It can also be the case when a forest fire is the consequence of the throwing of a cigarette butt in an exceptionally dry environment. According to the Anglo-Saxon terminology, one could say that the present report concerns certain types of mass torts, namely situations in which one single event makes many victims at the same time, but also situations in which the damage is the consequence of the presence of toxic products which are at a particular place (where they were buried, thrown or stored).

103 In order to obtain payment, the insured had to file their claims within three days after the loss occurred according to the terms of their contract (though all companies waived this tight time limit in the particular case). Payments from other sources such as the Katastrophenfonds were not deducted (though insurance payments were considered in the reverse case). However, many insurance companies had provided clauses for cumulative damages in cases of massive losses such as those resulting from a natural catastrophe in order to minimize their financial risk.

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