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Insurers seek mediation
Nine leading US insurers are seeking mediation services from the Institute for Dispute Resolution for potential disputes arising from 11 September, so as to avoid the cost and delay of court action.
But they have not relinquished their rights to..
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01 January 2002
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138 - 01 January 2002
Solicitors’ PI developments
Solicitors’ professional indemnity insurer Cox has withdrawn from that market.
Although it enjoyed the ninth-largest market share, underwriting of £6.6mn (4% of insured total) was below the critical mass required for profitability...
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01 January 2002
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138 - 01 January 2002
Lloyd’s record capacity
Lloyd’s underwriting capacity for the coming year is expected to reach an all-time high of £12.3bn. The previous highest capacity was £11.3bn in 1991.
This is in expectation of a rise in business from all over the world, especially..
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01 January 2002
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138 - 01 January 2002
Insurance buyers say insurers overreact to WTC
Commenting on tough end-of-year renewal negotiations, Thierry van Santen, chairman of FERMA, the organisation representing Europe’s largest corporate insurance buyers, said: ‘After 11 September, insurers went into panic. They have used..
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01 January 2002
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138 - 01 January 2002
Sleepy driver found guilty of causing death
Gary Hart, whose Land Rover careered down a railway embankment and led to the 10-death Selby rail crash earlier this year, was found guilty in Leeds Crown Court on 10 counts of causing death by dangerous driving.
He had set out early in the morning..
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01 January 2002
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138 - 01 January 2002
Irish opposition to Sellafield
The long-standing fight of the Irish government against pollution and risk from the Sellafield nuclear plant in Cumbria on the other side of the Irish Sea has been given new impetus by the UK’s go-ahead for a recycled nuclear fuel project at..
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01 January 2002
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138 - 01 January 2002
Federal-Mogul takes action against CCR
Federal-Mogul Corporation and three of its units, all in chapter 11 bankruptcy, have filed for a declaration by the bankruptcy court that the Center for Claims Resolution (CCR), which had handled asbestos compensation payments on their behalf, be..
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01 January 2002
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138 - 01 January 2002
Halliburton unit hit
Dresser Industries has been hit by a US$30mn jury award in respect of products causing asbestos-related injuries.
According to a filing with the US Securities & Exchange Commission Dresser has substantial insurance coverage (some lying with..
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01 January 2002
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138 - 01 January 2002
‘Still Equitas’s primary concern’
Equitas chairman Hugh Stevenson, introducing the report for the half-year ending 30 September 2001, confirmed that asbestos claims were still of primary concern.
During the period Equitas received more filings, and made higher-than-expected payments..
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01 January 2002
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138 - 01 January 2002
Awards and settlements
Paralysis from swimming pool accident
during illegal drinks party in Saudi Arabia leads to £1.6mn compensation. British Aerospace, owner of the complex, and the victim’s husband’s employer, had earlier accepted 55% blame, argued on..
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01 January 2002
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138 - 01 January 2002
Events
Investigating Professional Liability and Financial Loss Claims
13 February • London Underwriting Centre
tel/fax: 01491 872 839 •
www.risksociety.com
Professional Indemnity Insurance: Facing the Past – Analysing the..
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01 January 2002
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138 - 01 January 2002
FSA gets serious
In the wake of examination of its own role in the collapse of Independent Insurance and Equitable Life earlier this year, the Financial Services Authority (FSA) proposes a tightening of its scrutiny of the insurance industry.
A review of insurance..
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01 January 2002
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138 - 01 January 2002
Working party on structured settlements
The Lord Chancellor’s Department has set up a working party, led by Brian Langstaff QC and with wide representation, to consider aspects of the current practice which, while requiring parties in personal injury cases to show they have..
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01 January 2002
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138 - 01 January 2002
ATE developments
While final clarification of issues relating to after-the-event legal costs cover in Callery v Gray
continues on its stately way, the respondent having until 18 December 2001 to lodge objections to provisional leave to appeal granted by the Appeal..
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01 January 2002
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138 - 01 January 2002
Commercial legal protection
A new product from DAS includes innovative extensions of commercial legal protection. Cover clicks in early, for Health & Safety investigations prior to legal proceedings and also covers representation at ACAS arbitration hearings (where both..
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01 January 2002
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138 - 01 January 2002
DAS GISC cover for brokers
DAS Legal Expenses has developed a new product for brokers covering investigation by the General Insurance Standards Council (GISC). Cover provides defence at any enforcement committee proceedings or GISC disciplinary tribunal, and for appeals..
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01 January 2002
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138 - 01 January 2002
St Paul to leave medmal market
The largest medical malpractice liability insurer in the US is to pull out of the sector. This move was finally brought to a head in a face-off with the Georgia state insurance regulator.
St Paul has for some years paid out large settlements for..
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01 January 2002
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138 - 01 January 2002
Italian liability survey
A survey of the insurance patterns of Italian businesses, conducted by northern Italian industrial association Assolombardo, shows that while 94% have third-party liability cover (more than the 92% with cover for property damage) there were..
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01 January 2002
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138 - 01 January 2002
Japanese insurer faces WTC bankruptcy
Taisei Fire & Marine Life Insurance has filed for bankruptcy protection, citing over US$60mn damage claims from aviation reinsurance coverage related to 11 September. Unlike most Japanese insurers, Taisei was heavily committed to the aviation..
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01 January 2002
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138 - 01 January 2002
Variability of liability limits
A study of 2,400 companies conducted by Marsh, prior to 11 September, shows that larger companies with revenues greater than US$5bn are increasing liability insurance limits by an average 5.4%.
Those between US$500mn and US$5bn are staying as they..
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01 January 2002
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138 - 01 January 2002
Earlybird forecast
The annual review by the US Insurance Information Institute of insurance prospects for the coming year suggests that despite 2001 being the most difficult and trying year in the history of property/casualty insurance, 2002 will see the industry..
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01 January 2002
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138 - 01 January 2002
Surrey to Strasbourg
An unprecedented leap from a Surrey magistrates’ court to application for hearing at the European Court of Human Rights in Strasbourg has been supported by magistrates’ agreement to stay a speeding prosecution.
Idris Francis claims the..
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01 January 2002
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138 - 01 January 2002
EU measures to protect other road users
A voluntary package of measures to protect cyclists and pedestrians has been agreed by the EU and car manufacturers. Although criticised as far weaker than the measures recommended by scientists after 22 years of tests, it has been defended because..
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01 January 2002
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138 - 01 January 2002
UK motor claims
The number of private motor claims notified in the first nine months of 2001 increased by 9% compared with the previous year. While the average cost of theft claims remained almost static at £1,240, motorcycle claims more than doubled to..
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01 January 2002
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138 - 01 January 2002
Merrill settles underperformance claim
Merrill Lynch Investment Managers has paid an undisclosed sum, thought to be in the region of £70mn, to former client Unilever pension fund to settle a £130mn claim arising from alleged underperformance against an agreed benchmark. This is..
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01 January 2002
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138 - 01 January 2002
PIA goes out fighting
Two days before merger with the Financial Services Authority (FSA), the Personal Investment Authority (PIA) imposed its second-highest fine, £1.3mn, on Gan Life & Pensions. This is for failure in dealing properly with complaints, some..
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01 January 2002
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138 - 01 January 2002
Union compensates staff for Equitable shortfall
In an unprecedented move, the Amalgamated Engineering & Electrical Union is to compensate its staff who lost out on their pension AVCs (additional voluntary contributions) being placed with Equitable Life. About 70 staff members are thought to..
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01 January 2002
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138 - 01 January 2002
Equitable actions
In an interesting quirk of circumstance, Denton Wilde Sapte (DWS), cotarget with 20 former directors of City law firm Herbert Smith, is returning the compliment, investigating that firm and other advisers in relation to the collapse of Independent..
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01 January 2002
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138 - 01 January 2002
Less industrial diseases confirmed
Statistics for the third quarter of 2001 from the Industrial Injuries Disablement Benefit Unit show that the majority of claims filed for prescribed diseases proved unsuccessful.
Many failed the prescription conditions and, in others, earlier..
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01 January 2002
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138 - 01 January 2002
Compensation for striking miners
Several hundred miners who were ‘harshly treated’ during the strikes of 1984–5 are to be offered government compensation of £4mn. This will cover those who were dismissed during the strike and not subsequently taken back.
It..
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01 January 2002
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138 - 01 January 2002
Mechanic wins family care case
Neil Walkingshaw, refused reduction of working hours to 30 per week by his employer of eight-years to share childcare with his wife when she ended her maternity leave, has won the first successful sex discrimination case on this matter. He left his..
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01 January 2002
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138 - 01 January 2002
TFE proposes French risk programme
Following the 29-death explosion of the TotalFinaElf subsidiary’s fertiliser factory in Toulouse in September, TFE has called on the French government to adopt a national technology risk programme.
This would include the sharing of information..
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01 January 2002
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138 - 01 January 2002
Amendments to regulations
The Health & Safety Commission has published a consultative document proposing a number of new Health & Safety (Miscellaneous Amendments) Regulations. These are to underpin the implementation of the following directives:
Work Place..
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01 January 2002
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138 - 01 January 2002
Price Anderson Act extension
There is a 15-year extension of the existing federal nuclear accident insurance law – the Price Anderson Act – limiting nuclear operators’ insurance requirements to US$200mn and collective funding of a US$9bn pool for large..
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01 January 2002
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138 - 01 January 2002
Liabilities management authority established
The UK government is to establish a Liabilities Management Authority (LMA) to manage most of the UK’s public sector nuclear liabilities, stemming from the early years of civil and military nuclear programmes, on behalf of the government. The..
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01 January 2002
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138 - 01 January 2002
Chernobyl injury persists
Dr Gordon Thompson of the Institute for Resource & Security Studies at Cambridge, Massachusetts, having carried out several studies for local authorities on aspects of the Sellafield plant over recent years, estimates that a direct hit by a..
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01 January 2002
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138 - 01 January 2002
American Airlines makes initial payment
As the investigative focus on the 260-death crash of flight 587 on takeoff from New York to the Dominican Republic moves to turbulence from the wake of a Japan Airlines Boeing 747 that probably took off less than the mandatory two minutes..
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01 January 2002
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138 - 01 January 2002
‘High-value’ passengers on Crossair flight 3597
Academics and pop singers were among the 28 passengers and five crew on the Crossair Avro RJ100 that crashed while approaching Zurich airport. Nine of these survived, many with severe burns.
The plane was preparing to land at a newly opened runway..
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01 January 2002
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138 - 01 January 2002
Airlines target Swissair
Former partner airlines of Swissair are reported as developing claims of more than US$2bn damages. Belgium is in the fore, seeking US$121mn in respect of the bankruptcy of Sabena following Swissair’s nonpayment of that sum. Should these claims..
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01 January 2002
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138 - 01 January 2002
Air closure compensation
In line with European guidelines, which prohibit governmental compensation to airlines for losses suffered after US airspace reopened, UK airlines will share a £40mn package covering losses and additional costs in the immediate aftermath of 11..
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01 January 2002
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138 - 01 January 2002
Aviation security bill approved
US Congress has approved a bill limiting damages payable by aircraft manufacturers, airport owners and operators, and property owners in the World Trade Center in suits arising from the 11 September attacks. In most cases the limit is the level of..
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01 January 2002
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138 - 01 January 2002
Air quality in cabins
Research by Byron Jones and colleagues of Kansas State University has found that air quality in aircraft cabins could be improved but is not a major health risk.
They also believe more research is required before clear guidelines can be laid down..
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01 January 2002
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138 - 01 January 2002
DVT guidance
The Department of Health is to issue guidelines on the risk of deep vein thrombosis (DVT) to certain classes of passengers, including those with a history of thrombosis, stroke, cancer or surgery within the previous three months and women taking the..
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01 January 2002
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138 - 01 January 2002
Third tier for oil cleanup
..
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01 January 2002
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138 - 01 January 2002
Ehime Maru salvage costs
The recently-completed cost of salvaging Japanese fishing vessel Ehime Maru
, sunk after collision by the submarine USS Greenville
, could well equal that of recovery of the Russian submarine Kursk.
The US is to pay US$60mn for the raising by..
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01 January 2002
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138 - 01 January 2002
Marchioness families to take case to EU
Families of 25 of the 51 victims of the 1989 collision with the pleasure boat Marchioness
of the dredger Bowbelle
are to complain to the European Court of Human Rights about the decision of Westminster coroner Paul Knapman to remove their hands,..
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01 January 2002
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138 - 01 January 2002
Businesses to pay for environmental harm
A draft law to be put forward by the European Commission would set up an EU-wide system whereby national governments would be required to restore ‘significant environmental damage’ on their territory, with power to recover the cost from..
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01 January 2002
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138 - 01 January 2002
Exxon pays for Staten Island pollution
ExxonMobil Corporation has agreed to pay US$11.2mn for illegal discharge of hazardous waste near New York’s Staten Island, comprising a fine of US$8.2mn and US$3mn for property restoration.
This is one of the largest penalties of its kind,..
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01 January 2002
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138 - 01 January 2002
GM contamination of remote crops
Findings by Dr Ignacio Chapela of the University of California, Berkeley, published in Nature
of 30 November 2001, show contamination of remote Mexican crops by DNA from genetically modified (GM) varieties.
The risk posed is one of a reduction of..
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01 January 2002
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138 - 01 January 2002
Relaxation of pesticide directorate
The Court of Appeal has ruled in favour of DEFRA so as to allow more relaxed controls over parallel imports of agricultural pesticides. Formerly such products could only be imported to the UK when identical to the formulation of a pesticide already..
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01 January 2002
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138 - 01 January 2002
Microsoft settlement
Microsoft has settled more than 100 private antitrust suits, promising US$1bn to 13,000 poor US schools in software, training and technical support over a period of five years. The suits alleged Microsoft used its monopoly power to overcharge..
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01 January 2002
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138 - 01 January 2002
Landlords liable without proof of knowledge
Reversing most earlier decisions, the New York State Appeals Court has ruled unanimously that landlords can be held liable for lead paint harm even where the tenant cannot prove the landlord knew paint in his apartment contained lead.
And..
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01 January 2002
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138 - 01 January 2002
Latex allergy not a ‘disability’
Ruling in Scanion v Temple University
the Pennsylvania District Court held that latex allergy is not a condition covered by the Americans with Disabilities Act (ADA).
This is because the symptoms can be alleviated by prescription drugs and avoiding..
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01 January 2002
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138 - 01 January 2002
Hospitals react to medmal premium hikes
A note from KPMG says many US hospitals are reacting to fast-rising medical malpractice premiums by forming captive insurance pools and self-insured funds.
The biggest uncertainty for insurers is the level of awards, rather than number of claims..
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01 January 2002
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138 - 01 January 2002
Punitive, without compensatory, damages
The Second US Circuit Court of Appeals has affirmed a lower court decision allowing an award of punitive damages without any order for compensatory damages.
This is in a case alleging sexual harassment and hostile work environment in which it was..
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01 January 2002
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138 - 01 January 2002
FDA targets Red Cross blood safety
The Food & Drug Administration has applied to the District Court of Columbia seeking imposition of a US$10,000-a-day fine on the American Red Cross (ARC).
This is in respect of allegedly unsafe blood supplies and what it describes as a 16-year..
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01 January 2002
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138 - 01 January 2002
Silverstein dispute hots up
The dispute between World Trade Center lead lessee Larry Silverstein and insurers is heating up, with accusation from the lead insurer that Mr Silverstein has forfeited his right to rebuild the centre by asking for an immediate cash payment for the..
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01 January 2002
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138 - 01 January 2002
Compensation fund administrator appointed
Kenneth Feinberg has been appointed chief administrator of the federal government’s World Trade Center compensation fund, bringing with him broad experience from his role in settling thousands of mass liability cases including asbestos and..
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01 January 2002
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138 - 01 January 2002
New UK guidance promised
Following response to last year’s consultation paper, the Health & Safety Commission plans to publish expanded proposals in the near future covering new duties in the management of asbestos that are likely to greatly widen the range of..
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01 January 2002
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138 - 01 January 2002
Mesothelioma award against product supplier
A Cleveland jury has awarded some US$3.5mn, of which US$1mn was punitive, to the family of Robert Robinson against North American Refractories.
He had worked as a rigger at the ARMCO Steel plant over a nine-year period, during which he came into..
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01 January 2002
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138 - 01 January 2002
Montpellier turnabout of Cape stance?
Montpellier, the construction firm controlling 30% of Cape and recently taking over its management, has made it clear it favours an affordable settlement of the asbestos claims. These come from some 7,300 African former workers, many from the Koegas..
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01 January 2002
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138 - 01 January 2002
Vermiculite users seek monitoring
An action has been launched in the Wilmington bankruptcy court, seeking class status, for inclusion of residents of Lincoln County, Montana who used loose-fill insulation and workers engaged in packing vermiculite mined by W R Grace and associate..
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01 January 2002
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138 - 01 January 2002
Tobacco update
Big Tobacco has filed an appeal of the
Engle
US$145bn
punitive damages award of July 2000 in Florida’s Third District Court of Appeals. Earlier moves for reduction or overturn were rejected by judge Robert Kaye.
The appeal will argue that..
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01 January 2002
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138 - 01 January 2002
BSE, CJD and OPs
Reusable surgical instruments are back in use
for tonsil operations. This is a balance-of-risks decision following reports from surgeons of adverse incidents – mostly increased bleeding but including one death – associated with the..
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01 January 2002
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138 - 01 January 2002
Daimler US$259mn verdict overturned
Damages, of which US$250mn are punitive, awarded for the death of a young boy who died when the rear latches of a minivan came open when it was hit by another vehicle, have been thrown out on appeal. A new trial has been ordered as the original..
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01 January 2002
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138 - 01 January 2002
Good rating for explorer
..
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01 January 2002
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138 - 01 January 2002
Investor suit against Ford dismissed
A Detroit District Court has dismissed action against Ford Motor alleging the motor manufacturer had not been open with investors about the safety of its sports utility vehicles or potential liabilities from related deaths and injuries.
Separately,..
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01 January 2002
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138 - 01 January 2002
French ‘wrongful birth’ suits to proceed
A brief item on the BBC’s Radio 4 programme on 12 December reported that a French court had ruled that two children with Down’s syndrome can sue the relevant medical authorities for wrongful birth.
Their argument was that had their..
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01 January 2002
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138 - 01 January 2002
Blocked oxygen tubes
Investigations still running suggest faulty equipment rather than sabotage was the likely cause of five incidents (one fatal) of blocked oxygen tubes at hospitals earlier this year. Whether the fault will be found as intrinsic to the equipment, or..
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01 January 2002
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138 - 01 January 2002
Sulzer Medica in mediation
Orthopaedics company Sulzer Medica has accepted the appointment of a mediator in an attempt to settle over 1,800 US suits stemming from faulty artificial hip and knee joints. Sulzer offered US$783mn but this was not accepted. Failing mediation,..
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01 January 2002
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138 - 01 January 2002
Baxter agrees Spanish compensation
Baxter International has agreed payments of US$2.9mn to the families of 10 people who died after using its blood filters at dialysis clinics in Spain last year. Significantly larger claims are in preparation from the families of at least 51 other..
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01 January 2002
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138 - 01 January 2002
Blood sugar meters
Lifescan, a unit of Johnson & Johnson, has offered US$45mn in settlement of a class action by diabetic users of its blood sugar level meters that were defective.
If approved in court, the settlement would provide US$300 for each of 100,000..
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01 January 2002
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138 - 01 January 2002
Decontamination of instruments
The Department of Health has published the results of a national survey of decontamination of surgical instruments, following advice from SEAC (Spongiform Encephalopathy Advisory Committee) that effective decontamination is a key factor in..
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01 January 2002
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138 - 01 January 2002
Epilepsy misdiagnosis
Ongoing enquiries suggest around 600 of almost 2,000 children with behavioural problems treated by Dr Andrew Holton over a period of 11 years at Leicester Royal Infirmary were probably misdiagnosed as epileptic. Unnecessary drugs have left some in a..
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01 January 2002
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138 - 01 January 2002
MMR update
The General Medical Council (GMC) has effectively endorsed the work of Dr Peter Mansfield in providing single inoculations at parental request rather than the multiple MMR (measles, mumps and rubella) jab favoured by the Department of..
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01 January 2002
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138 - 01 January 2002
Drug availability
From 1 January 2002 NHS entities will be required to ensure patients receive appropriate drugs or treatment within three months of positive appraisal by the National Institute for Clinical Excellence (NICE).
The onus of meeting costs from general..
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01 January 2002
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138 - 01 January 2002
Online prescribing
..
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01 January 2002
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138 - 01 January 2002
10.9% rise in health service complaints
The Department of Health attributed almost 10,000 patient complaints about hospital and community health services, 10.9% up on the previous years, to its policy of encouraging complaints so as to reveal poor practice. Complaints about GPs and..
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01 January 2002
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138 - 01 January 2002
Case update
Condition must identify injury source
In a claim for compensation relating to the asbestos-related condition mesothelioma, currently accepted as resulting from the effects of a single fibre rather than cumulative damage as in other asbestos-related..
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01 January 2002
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138 - 01 January 2002
Enron’s problems target Dynegy, hit Andersen
Enron Corporation and 14 affiliated entities have filed for chapter 11 in US Bankruptcy Court in the Manhattan District Court, expected to produce the largest bankruptcy in US history. As part of its reorganisation process, Enron is seeking US$10bn..
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01 January 2002
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138 - 01 January 2002
World Trade Center claims and settlements
About 20,000 insurance claims worth US$9.6bn had been paid out in advance of the start, on 12 December, of a public hearing by New York State Legislature on speeding settlement of claims.
Among all the uncertainties, after the Silverstein dispute as..
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01 January 2002
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138 - 01 January 2002
Railtrack saga
On an individual level, Jonson Cox, until recently Railtrack operations director, is bringing a libel action against author Christian Wolmar. This is in respect of comments in his antiprivatisation book Broken Rails
on Mr Cox’s role following..
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01 January 2002
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138 - 01 January 2002
Road accident stress claim fails
At a cost to legal aid of £250,000, and having rejected a settlement offer of £30,000, Elizabeth Fagan has lost her High Court claim against a motorist who killed a police motorcyclist for her trauma in witnessing the event. Rejection of..
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01 January 2002
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138 - 01 January 2002
Dome advice
New Millennium Experience (NME) is suing City law firm Norton Rose in respect of allegedly bad advice, seeking more than £1mn compensation.
Norton Rose advised NME to fight a contractor’s claim for compensation when a roofing membrane..
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01 January 2002
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138 - 01 January 2002
Criminal conviction leads to negligence claim
The Court of Appeal has reinstated an action seeking damages for breach of contract and/or negligence against Grovers, the law firm that mismanaged defence by omitting to place adverts seeking witnesses to its client’s absence from the scene..
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01 January 2002
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138 - 01 January 2002
Mesothelioma test cases: a ‘huge success’ for insurers?
A leading law firm has described the outcome of six related mesothelioma test cases in the Court of Appeal as a ‘huge success’ for insurers. But the court stated the situation ‘revealed a major injustice crying out to be righted..
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01 January 2002
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138 - 01 January 2002