i-law

Liability Risk and Insurance

Novae Underwriting pilots RiskWrite system
Novae Underwriting has successfully piloted the RiskWrite system which issues policy documentation to brokers within 24 hours. According to Novae, Internet-based RiskWrite has been developed to improve speed of service and ease the burden of..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Equitas’ six months figures
Equitas has reported that it paid claims of £353mn in the six months ending 30 September 2004, compared with £357mn in the comparable period last year. Equitas reported operating costs of £37mn for the six-month period, compared to..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
New excess casualty division for Navigators
Navigators Management Company is to expand its excess casualty business. It has set up a new excess casualty division to be headed up by Jeff Saunders who has been named senior vice president. The division will specialise in commercial excess and..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Network Risk Insurance guide from Aon
The various ‘e-risk’ exposures associated with electronic processes have been outlined in a new white paper from Aon Technology & Professional Risks Group. The guide, “Network Risk Insurance: A Layman’s Overview,”..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Willis report on Disney shareholder suit
An Executive Risks report from Willis has warned of the implications of the upcoming shareholders’ derivative suit against the Walt Disney Company’s board of directors. The report, “Update Disney: The Case that Means Worries..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Hiscox expands D&P to SME market
Hiscox Insurance Company has announced a major expansion of its Directors & Officers (D&O) business, and will now be targeting a wide range of new industry sectors. Hiscox said it is now targeting UK-based private companies and unlisted..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Aviation renewals see continuing reductions
Rating reductions have continued in the December aviation renewals, and premium reductions have been achieved but not to the same extent as the reduction in rating levels due to widespread exposure growth. This is according to Aon Aviation’s..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
“Very poor” investment returns for P&I Clubs
P&I Clubs can expect “very poor” investment returns for the financial year 2004-2005, according to a report from HSBC Insurance Brokers. This follows a bumper year for investment returns in 2003-2004. The report also noted that only..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Silverstein wins second WTC case
A federal jury has ruled that the terrorist attack on the World Trade Center involved two separate attacks. This means that Larry Silverstein will be able to collect up to $2.2bn. The insurance companies involved in the case were: Travelers..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
No win, no fee, no chance – Citizens Advice
The system of “no win, no fee” agreements in personal injury claims too often fails consumers, according to a report from Citizens Advice. The report, “No win, no fee, no chance,” found that, far from a compensation culture..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Richard King Helix UK Limited
The Editor writes: “For the record, I don’t think you are a retentive screaming pedant. A pedant possibly, but not screaming or retentive. Mind you, I have a well thumbed copy of ‘Eats, Shoots & Leaves’ on my desk, so I..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Letter to the Editor
Dear Sir, In the light-hearted spirit of the season, [letter sent just before Xmas] may I offer the following comment. The revised “Rock-a-bye baby” which you attribute to the Times in your Issue 212 (page 20) says as much about the sad..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
A Modern Compensation System: Moving from Concept to Reality
A report by Norwich Union Insurance The problem with the UK’s compensation system Since the appearance of Access to Justice on our statute books in 1999 the “cracks” in its market for delivery have been apparent. As the Institute..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
MMR claim deadline extended
The Legal Services Commission (LSC) has extended the deadline for those wishing to register their interest in pursuing a claim on behalf of their child who they allege has been affected by the MMR or MR vaccine. The deadline was extended until 4pm..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Good news for insurers on success fees
Insurers have won an important battle on success fees in issued cases, according to Beachcroft Wansbroughs, who acted for the defendants in both appeals. Handing down judgment in Atack v Lee and Ellerton v Harris, two RTA appeals heard together, the..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
OFT announces follow-up liability review
A follow-up review of liability insurance markets has been launched by the Office of Fair Trading (OFT). The review will also look at the ‘after the event’ insurance (ATE) sector. The OFT will examine whether the markets are now working..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Norwich Union produces guide to future risk
Norwich Union has written to all its brokers urging them to back the industry’s drive to call a halt to the boom-bust volatility of the underwriting cycle. John Seaton, Underwriting and Pricing Director at Norwich Union said: “Breaking..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
FSA calls for changes in commercial insurance contracts
John Tiner, chief executive of the Financial Services Authority (FSA), has called for the insurance industry to change its handling of commercial insurance contracts. Speaking in New York, he said that the FSA wants to see the end of the practice of..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Motor insurer Highway in possible takeover
UK motor insurer Highway is in talks over a possible takeover. The board of Highway confirmed that it has received approaches from a number of parties who have expressed an interest in making an offer for the company. The board said that discussions..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
BIBA’s cyber liability insurance policy
The British Insurance Brokers Association (BIBA) has announced that CFC Underwriting has been appointed to the BIBA Schemes portfolio as the exclusive provider of cyber liability insurance. CFC Underwriting will be working in partnership with..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Scottish teacher compensation claims over £250,000
Scotland’s education authorities and educational establishments have paid out over £250,000 in compensation and legal expenses as a result of industrial accidents or attacks against teaching staff in the last 12 months. The figures come..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
US D&O survey from Tillinghast
Much of the current softening in the US Directors & Officers (D&O) market is not due to a reduction in claim activity, but rather can be attributed to the entrance of new capacity. This is according to the 2004 Directors & Officers..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Deloitte calls for auditor protection in US
Bill Parrett, global chief executive of Deloitte, has called on US lawmakers to give auditors protection against catastrophic negligence claims. Parrett told the Financial Times that such protection is needed to ensure that the Big Four accounting..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
New PI scheme from The Gauntlet Group
A new professional indemnity insurance scheme for Independent Financial Advisers has been launched by The Gauntlet Group. The insurance facility receives annual premiums from its members, 50% of which go into the individual member’s segregated..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Morris Inquiry calls for reform of MPS
The Morris Inquiry has called for root and branch reform of the way the Metropolitan Police Service (MPS) is managed. The independent inquiry, set up by the Metropolitan Police Authority (MPA) to look into standards and employment matters in the..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Bar, pub and club workers warned over hearing damage
The UK’s 568,000 bar, pub and club workers are being subjected to music so loud that they could lose or permanently damage their hearing, according to a report published jointly by RNID and the TUC. Recent RNID research shows that many people..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
TUC report on dyslexia in the workplace
The TUC has produced a report, “Dyslexia in the workplace,” which warns that many employers are not doing enough to tackle the condition at work. The report says that dyslexia is known as the ‘hidden disability’ and affects..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
UNISON members win record £37.39mn in 2004
UNISON, the UK’s largest union, won a record £37.39mn over the past year in compensation for members injured at work. This figure was £3mn more than the previous year. Figures for each region are as follows: Eastern ..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Laptop computer use may lead to male infertility
A study by the State University of New York, published in the journal “Human Reproduction,” has warned that laptop computers could damage the fertility of men. This is because the heat from the laptop, when rested on the lap, increases..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Minimal marine losses from tsunamis for SVB and Goshawk
London market insurers SVB and Goshawk are reported to have put their estimated marine losses as a result of the December 26 tsunamis as “minimal”. Both insurers said that they focused their cover on G7 or G8 countries. Goshawk said that..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Radon gas exposure causes lung cancer
A study, published in the British Medical Journal, has found that exposure to radon gas in the home is responsible for a number of lung cancer deaths. The results confirm that domestic exposure to radon leads to an increased risk of lung cancer, in..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Oil pollution compensation levels increase
Increased levels of compensation will be available for victims of oil pollution from oil tanker accidents, following the recent ratification by Spain of the 2003 Protocol establishing an International Oil Pollution Compensation Supplementary..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Fast food increases risk of obesity and diabetes
The study, published in The Lancet, found that fast food increases the risk of obesity and type 2 diabetes. Participants who consumed fast food two or more times a week gained approximately 10 more pounds and had twice as great increase in insulin..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
African-Americans get smaller back injury settlements
African-Americans with work-related back injuries have less money spent on their medical care and receive less compensation for their injuries than Caucasians, according to a Saint Louis University study published in the journal Pain. The research..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
“Judicial Hellholes” report published
The third annual “Judicial Hellholes” report - a ranking of the worst courts in the US – has been published. The report also showcases the remarkable turnaround that has occurred in Mississippi, home to several of the worst..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
James Hardie in asbestos agreement
The Australian Council of Trade Unions (ACTU), Unions NSW and asbestos groups have signed a Heads of Agreement with former asbestos products manufacturer James Hardie for what is believed to be the largest personal injury settlement in..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Amicus attacks insurers over pleural plaques
Trade union Amicus has condemned insurers “who are attempting to shirk their responsibility to compensate up to 75% of asbestos claims” in a High Court challenge. The case involves workers exposed to asbestos to claim compensation for..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Secondhand smoke exposure leads to lower IQ
Children exposed to environmental tobacco smoke (ETS) -commonly known as ‘secondhand smoke’ - had mildly to moderately depressed scores on tests of math, reading, and visuospatial skills as compared to children who lacked such exposure,..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Law firms take on drug firm over Vioxx
Two plaintiff law firms have joined forces to pursue legal action against the manufacturer of the arthritis drug Vioxx. Leigh Day & Co.’s product liability department has joined with the law firm, Irwin Mitchell, in their proposed legal..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Cleaning products linked to asthma rise
New research has revealed that cleaning products such as bleach, disinfectant and carpet cleaner, can lead to asthma in children. The research by University of Bristol, published in the journal Thorax, suggested that there was a link between..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Asthma numbers rise to 5.2mn in UK
The number of people in the UK with asthma has risen to 5.2mn, according to research commissioned by Asthma UK. The report, “Where Do We Stand?” shows that there are 4.1mn adults and 1.1mn children with asthma in the UK. The report says..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Gulf War veterans and lung cancer
A report into health problems suffered by Gulf War veterans has concluded that “the available evidence is too sparse or of insufficient quality to determine whether the majority of health problems that may be experienced by Gulf War veterans..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
New products to tackle MRSA
Health Secretary John Reid has announced that three new products have been identified that could potentially help in the fight against MRSA in hospitals. The products were the first to be identified by the new Rapid Review panel set up to look at..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Proposals for age discrimination crackdown
The Government has announced new proposals to crack down on age discrimination in the workplace. The proposals are a key part of the European Employment Directive, prohibiting age discrimination in employment and vocational training, which the..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
UK Personal Injury Litigation report from Datamonitor
A new report from market analyst Datamonitor “calls into question the notion that the UK has become an increasingly litigious nation, as general claim figures remain more or less static”. The report, “UK Personal Injury..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
APIL responds to NU modernisation report
What Norwich Union calls modernisation of the compensation system, is actually a euphemism for restricting access to justice for injured people, according to the Association of Personal Injury Lawyers (APIL). Colin Ettinger, president of APIL, said..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Norwich Union calls for modernisation of compensation system
A report by Norwich Union has called for a modernisation of Britain’s compensation system. The report recommends a radical change in the way injured people are supported and the need for resources to be more efficiently engaged. The insurer..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Data Protection Act claim fails
A patient alleged he had been assaulted by his doctor. The doctor sent copies of the patient’s medical records held by him to his solicitor to take his advice on whether he should disclose them in the assault proceedings. The patient took..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Law of country not necessarily determinative
In private international law, the law of the country where the tort occurred was not necessarily determinative of the question whether the assessment of damages was procedural and not substantive so that the English court would not apply them. The..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
The ‘egg shell skull’ principle
The case involved a whiplash injury and the claimant was awarded a global sum of £12,900 of which £6,000 was in respect of her general damage. At the time of the accident the claimant suffered from psychiatric illness in the form of..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Cumulative effect given proper weight
An employee was injured at her workplace, and liability for the accident had been agreed at a ratio of 75:25 in her favour. The employer contended that she had failed to mitigate her losses by unreasonably refusing to undergo medical treatment..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Requirement to meet reasonable needs
The Court of Appeal allowed the appeal in a case in which a woman suffered severe brain damage in a road traffic accident when she was 13 years old. A settlement for damages was agreed on the basis of 50% contributory negligence. The Judge found..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Assessing the reasonableness of success fee
It was permissible for any conditional fee agreement to include a two-stage success fee and the reasonableness of the success fee had to be assessed at the time the agreement was entered into. The Court of Appeal so stated when disposing of two..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Discrimination whistleblower receives $1.57mn
A jury in Florida has returned a $1.57mn dollar verdict in favour of the US Equal Employment Opportunity Commission (EEOC) in a workplace discrimination lawsuit against Federal Express Corporation. The jury found Federal Express liable for..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Latex injury nurse in interest payments settlement
Trade union UNISON has agreed a last minute compromise deal on behalf of latex injury nurse, Alison Dugmore, after a judge awarded her punitive interest on her original compensation claim. Ms Dugmore received £240,000 compensation from Cardiff..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
£3.85mn for brain damaged baby
The High Court has awarded £3.85mn in compensation to a seven-year-old boy left with severe disabilities after mistakes at his birth resulted in brain damage. The child suffered oxygen starvation after his birth was delayed, and has severe..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Catholic church in $100mn sex-abuse settlement
The Roman Catholic diocese of Orange County in California has reached an agreement to pay around $100mn to settle sex-abuse litigation with 87 claimants. Terms of the deal were not revealed. Payments are to be shared with eight unnamed insurers. It..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Insurers refuse to pay Smith & Nephew claims
It has been reported that two insurers have refused to reimburse Smith & Nephew (S&N) over claims relating to patients needing further surgery after the withdrawal of S&N’s knee implant product. The claims are from excess layer..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
British soldiers sue US over crash
The US military is being sued for £1.2mn by three British military police officers. The men were seriously injured when their Land Rover was hit by a US tank transporter in Iraq. One of the men suffered multiple fractures. They were treated at..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Parents to sue university over course closure
Exeter University is facing legal action over its decision to close its chemistry department. An action group of parents of university students whose chemistry courses will be cut, called ‘Parents Against Closures at Exeter,’ is looking..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
MoD appeal bullying case
The Ministry of Defence has been sued over bullying allegations. A former soldier claimed he was bullied as a recruit and that his army career ended as a result. The man now suffers from bi-polar disorder, mental illness and depression. The man won..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Drugs plant man to sue police
The police are to be sued by a man who says that drugs were planted on him by police. The man says he was the subject of a surveillance operation for nearly a year. His house was searched but no drugs were found, though later police said they had in..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Paralysed rugby player loses compensation claim
A man has lost his claim for compensation after he was paralysed when playing a game of rugby in 1998. The man was injured when a scrum collapsed, causing him spinal injuries. The man sued the referee for not ensuring the scrum was properly engaged,..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Car workers claim for hearing problems
Around 80 former workers at a Swindon car factory, now owned by BMW, are suing over hearing problems. The workers claim that they had to work in noisy conditions without ear protection. Claims are reported to range from £2,000 to £10,000,..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Prisoner forced to hand back damages
A man who was awarded over £5,000 in damages following a car crash has been ordered to hand back the money. The man is currently in prison, serving four years for drug dealing. He was awarded the money after suffering whiplash and facial scars...
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
WTC worker not eligible for workers comp benefits
A man who worked at the World Trade Center, but who was at home on Sept 11, 2001, is not eligible for workers compensation benefits. The man had rushed to the WTC and joined in rescue attempts, suffering psychological injuries. The New York’s..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005
Merrill Lynch wins sex discrimination case
Stephanie Villalba, the Merrill Lynch executive who sued the bank over sex discrimination has lost her case. She had claimed £7.5mn for sex discrimination case and unequal pay. However, an employment tribunal dismissed her claim, but allowed..
Online Published Date:  01 January 2005
Appeared in issue:  173 - 01 January 2005

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